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Lity 


UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


GENERAL  SCHOOL  LAW 


OF    THK 


STATE  OF  NEW  YORK. 


1866. 


This  Book  is  the  Property  of  the  School  District. 


V 


ffly 


fUVoA.   [S\M        U^siAHefc. 


GENERAL  SCHOOL  LAW 


OF    THE 


STATE  OF  NEW  YORK. 

CHAPTER  555  OF  THE  LAWS  OF  1S64,  AS  AMENDED 
BY  THE   LAWS  OF  1865-6, 

TO  WHICH    IS  APPENDED 

Chapter   761    of  tlie   Laws    of  1866, 
AUTHORIZING  THE  TAXATION  OF  STOCKHOLDERS  OF  BANKS, 

AND 

CHAPTER  800  OF  THE  LAWS  OF  1866, 


IN  RELATION  TO  TAKING  LANDS  FOR 


SCHOOL    HOUSE    SITES 


ALBANY: 

WEED,  PARSONS  AND  COMPANY,  PRINTERS. 
1366. 


S 


CHAP.  555. 

AN  ACT  to  revise  and  consolidate  the  General  Acts 
relating  to  Public  Instruction. 

Passed  May  2,  1864,  three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly,  do  enact  as  folloivs: 


TITLE  I. 

OF   THE    SUPERINTENDENT   OF    PUBLIC  INSTRUCTION, 
HIS  ELECTION  AND  GENERAL  POWERS  AND  DUTIES. 

Section  1.  The  office  of  state  superintendent  of  state  super- 
public  instruction  is  continued,  and  the  term  of  said  Mseefeection 
office  shall  be  three  years,  commencing  on  a  clay  after  office?1™  of 
an  election  thereto,  and  continuing-  until  a  successor 
shall   have    been  duly  elected.     Such   superintend- 
ent shall  be  elected  by  joint  ballot  of  the  senate 
and  assembly,  on  the  first  Tuesday  of  April,  one  thou- 
sand eight  hundred  and  sixty-five,  and  on  the  first 
Tuesday  of  April  next  after  the  occurrence  of  any 
vacancy  in  the  office. 

§  2.  He  shall  appoint  a  deputy  ;   and  in  case  of  a  Deputy  su- 
vacancy  in  the  office  of  superintendent,  the  deputy  ent!ntend" 
may  perform  all  the  -duties  of  the  office  until  the  day 
after  the  day  hereinbefore  fixed  for  an  election  by  the 
senate  and  assembly.    In  case  the  office  of  both  vacancy. 
superintendent  and  deputy  shall  be  vacant,  the  gov- 
ernor shall  appoint  some  person  to  fill  the  office,  until 
the  superintendent  shall  be  elected  and  assume  it. 

%  3.  The  superintendent's  office  shall  continue  to  office  in 
be  in  the  state  hall,  and  maintained  at  the  expense  state  halL 
of  the  state. 

%  4.  His  salary  shall  be  two  thousand  five  hundred  salary. 
dollars  a  year,  payable  quarterly,  by  the  treasurer, 
on  the  warrant  of  the  comptroller. 


■ 


ACT  RELATING  TO 


Seal. 


Ex-officio. 


Institution 
for  deaf 
and  dumb, 
blind,  &c. 


*  §  5.  He  may  appoint  so  many  clerks  as  he  may 
deem  necessary  ;  but  the  compensation  of  such  clerks 
shall  not  exceed  in  the  aggregate  the  sum  of  five 
thousand  dollars  in  any  one  year,  and  shall  be  paya- 
ble monthly  by  the  treasurer,  on  the  warrant  of 
the  comptroller  and  the  certificate  of  the  superin- 
tendent. 

§  6.  The  seal  of  the  superintendent,  of  which  a 
description  and  impression  are  now  on  file  in  the 
office  of  the  secretary  of  state,  shall  continue  to  be 
his  official  seal,  and  when  necessary  may  be  renewed 
from  time  to  time.  Copies  of  all  papers  deposited  or 
filed  in  the  superintendent's  office,  and  of  all  acts, 
orders  and  decisions  made  by  him,  and  of  the  drafts  or 
machine  copies  of  his  official  letters,  may  be  authen- 
ticated under  the  said  seal,  and,  when  so  authentic- 
ated, shall  be  evidence  equally  with  and  in  like 
manner  as  the  originals. 

§  7.  The  superintendent  shall  be,  ex-oflQcio,  a  trus- 
tee of  the  People's  college,  and  of  the  New  York 
state  asylum  for  idiots,  a  regent  of  the  university  of 
the  State  of  New  York,  and  chairman  of  the  execu- 
tive committee  of  the  state  normal  school ;  he  shall 
have  the  general  supervision  of  the  training  school 
for  primary  teachers  in  the  city  of  Oswego,  with  the 
powers  conferred  upon  him  by  chapter  four  hundred 
and  eighteen  of  the  laws  of  eighteen  hundred  and 
sixty-three ;  and  he  shall  provide  for  the  education 
of  the  Indian  children  of  the  state,  as  required  by 
chapter  seventy-one  of  the  laws  of  eighteen  hundred 
and  fifty-six. 

§  8.  The  institution  for  the  instruction  of  the  deaf 
and  dumb,  the  New  York  institution  for  the  blind, 
and  all  other  similar  institutions,  incorporated,  or 
that  may  be  hereafter  incorporated,  shall  be  subject 
to  the  visitation  of  the  superintendent  of  public 
instruction,  and  it  shall  be  his  duty  : 

1.  To  inquire,  from  time  to  time,  into  the  expendi- 
tures of  each  institution,  and  the  systems  of  instruc- 
tion pursued  therein,  respectively ; 

2.  To  visit  and  inspect  the  schools  belonging 
thereto,  and  the  lodgings  and  accommodations  of 
the  pupils ; 


*  As  amended  by  chapter  520,  Laws  of  1866. 


PUBLIC  INSTRUCTION. 


5 


3.  To  ascertain,  by  a  comparison  with  other  simi- 
lar institutions,  whether  any  improvements  in  instruc- 
tion and  discipline  can  be  made  ;  and  for  that  purpose 
to  appoint  from  time  to  time  suitable  persons  to  visit 
the  schools ; 

4.  To  suggest  to  the  directors  of  such  institutions 
and  to  the  legislature,  such  improvements  as  he  shall 
judge  expedient ; 

5.  To  make  an  annual  report  to  the  legislature  on 
all  the  matters  before  enumerated,  and  particularly 
as  to  the  condition  of  the  schools,  the  improvement 
of  the  pupils,  aud  their  treatment  in  respect  to  board 
and  lodging. 

g  9.  Every  indigent  person,  resident  in  this  state, 
between  twelve  and  twenty-live  years  of  age,  whose 
parent  or  parents,  or,  if  an  orphan,  whose  nearest 
friend,  shall  have  been  resident  in  this  state  for  the 
three  years  preceding,  and  who  may  make  application 
for  that  purpose,  shall  be  received,  if  deaf  and  dumb, 
into  the  institution  for  the  deaf  and  dumb ;  and,  if 
blind,  into  the  New  York  institution  for  the  blind, 
provided  his  or  her  application  be  approved  by  the 
superintendent  of  public  instruction ;  and  in  those 
cases  where,  in  his  opinion,  absolute  indigence  is  not 
established,  he  may  approve  of  such  application,  and, 
at  the  same  time,  may  impose  conditions,  whereby 
some  proportionate  share  of  the  expense  of  educating 
and  clothing  such  pupils  shall  be  paid  into  the 
treasury,  by  their  parents,  guardians,  or  friends,  in 
such  way  and  manner,  and  at  such  time  or  times,  as 
he  shall  designate,  which  conditions  he  may  subse- 
quently modify  as  he  shall  deem  expedient. 

§  10.  Each  pupil  so  received  into  either  of  the 
institutions  aforesaid,  shall  be  provided  with  board, 
lodging  and  tuition  ;  and  the  directors  of  the  institu- 
tion shall  receive  for  each  pupil  so  provided  for,  the 
sum  of  dollars  per  annum,  in  quarterly  pay- 

ments, to  be  paid  by  the  treasurer  of  the  state,  on  the 
warrant  of  the  comptroller,  to  the  treasurer  of  said 
institution,  on  his  presenting  a  bill  showing  the  actual 
time  and  number  of  such  pupils  attending  the  insti- 
tution, and  which  bill  shall  be  signed  by  the  president 
aud  secretary  of  the  institution,  and  verified  by  their 
oaths.  The  regular  term  of  instruction  for  such 
pupils  shall  be  nve  years  ;  but  the  superintendent  of 


Superin- 
tendent to 
report  an- 
nually. 


Terms  of 
admission. 


State  pu- 
pils ;  ac- 
commoda- 
tion, com- 
pensation, 
&c. 


Term  of 
instruction. 


ACT  RELATING  TO 


School 
visitor. 


Superin- 
tendent to 
visit  the 
common 
schools. 


Annual 
report. 


State  cer- 
tificates. 


public  instruction  may,  in  his  discretion,  extend  the 
term  of  any  pupil  for  a,  period  not  exceeding  three 
years.  The  pupils  provided  for  in  this  and  the  preced 
ing  section  of  this  title,  shall  be  designated  state 
pupils;  and  all  the  existing  provisions  of  law  appli- 
cable to  state  pupils  now  in  said  institutions  shall 
apply  to  pupils  herein  provided  for. 

$  11.  The  superintendent  of  public  instruction  may 
make  such  regulations  and  give  such  directions  to 
parents  and  guardians,  in  relation  to  the  admission 
of  pupils  into  either  of  the  above-named  institutions, 
as  will  prevent  pupils  entering  the  same  at  irregular- 
periods. 

$  12.  The  superintendent  may,  in  his  discretion, 
appoint  persons  to  visit  and  examine  all  or  any  of  the 
common  schools  in  the  county  wherein  such  persons 
reside,  and  to  report  to  him  all  such  matters  respect- 
ing their  condition  and  management,  and  the  means 
of  improving  them,  as  he  shall  prescribe ;  but  no 
allowance  or  compensation  shall  be  made  to  such 
visitors  for  their  services  or  expenses. 

$  13.  So  often  as  he  can,  consistently  with  his  other 
duties,  he  shall  visit  such  of  the  common  schools  of 
the  state  as  he  shall  see  fit,  and  inquire  into  their 
course  of  instruction,  management  and  discipline,  and 
advise  and  encourage  the  pupils,  teachers  and  officers 
thereof. 

§  14.  He  shall  submit  to  the  legislature  an  annual 
report,  containing : 

1.  A  statement  of  the  condition  of  the  common 
schools  of  the  state,  and  of  all  other  schools  and  insti- 
tutions under  his  supervision,  and  subject  to  his  visit- 
ation as  superintendent ; 

2.  Estimates  and  accounts  of  expenditures  of  the 
school  moneys,  and  a  statement  of  the  apportionment 
of  school  moneys  made  by  him  ; 

3.  All  such  matters  relating  to  his  office,  and  all 
such  plans  and  suggestions  for  the  improvement  of 
the  schools  and  the  advancement  of  public  instruc- 
tion in  the  state  as  he  shall  deem  expedient. 

§  15.  He  may,  on  the  recommendation  of  any 
school  commissioner,  or  on  other  evidence  satisfactory^ 
to  him,  grant,  under  his  hand  and  seal  of  office,  a 
certificate  of  qualification,  and  may,  upon  the  like 
recommendation  or  evidence,  revoke  the  same.  While 


PUBLIC  INSTRUCTION. 


unrevoked,  such  certificate  shall  be  conclusive  evi- 
dence that  the  person  to  whom  it  was  granted,  is 
qualified,  by  his  moral  character,  learning  and  ability, 
to  teach  any  common  school  in  the  state.  He  may 
also  issue  temporary  licenses  to  teach,  limited  to  any 
school  commissioner  district  or  school  district,  and  for 
a  period  not  exceeding  six  months,  whenever,  in  his 
judgment,  it  may  be  necessary  or  expedient  for  him 
to  do  so. 

g  16.  Upon  cause  shown  to  his  satisfaction,  he 
may  annul  any  certificate  of  qualification  granted  to 
a  teacher  by  a  school  commissioner,  or  declare  any 
diploma  issued  by  the  state  normal  school  inef- 
fective and  null  as  a  qualification  to  teach  a  common 
school  withiu  this  state,  and  he  may  reconsider  and 
reverse  his  action  in  any  such  matter. 

§  17.  He  shall  prepare  and  keep  in  his  office  alpha- 
betical lists  of  all  persons  who  have  received,  or  shall 
receive,  certificates  of  qualification  from  himself,  or 
diplomas  of  the  state  normal  school,  with  the  dates 
thereof,  and  shall  note  thereon  all  annulments  and 
reversals  of  such  certificates  and  diplomas,  with  the 
date  and  causes  thereof,  together  with  such  other 
particulars  as  he  may  deem  expedient. 

§  18.  Whenever  it  shall  be  proven,  to  his  satisfac- 
tion, that  any  school  commissioner,  or  other  school 
officer,  has  been  guilty  of  any  willful  violation  or 
neglect  of  duty  under  this  act,  or  any  other  act  per- 
taining to  common  schools,  or  of  willfully  disobeying 
any  decision,  order  or  regulation  of  the  superintend- 
ent, the  superintendent  may,  by  an  order  under  his 
hand  and  seal,  which  order  shall  be  recorded  in 
his  office,  remove  such  school  commissioner  or  other 
school  officer  from  his  office. 

§  19.  He  shall  prepare  suitable  registers,  blanks, 
forms  and  regulations  for  making  all  reports  and 
conducting  all  necessary  business  under  this  act, 
and  shall  cause  the  same,  with  such  information  and 
instructions  as  he  shall  deem  conducive  to  the  proper 
organization  and  government  of  the  common  schools, 
and  the  due  execution  of  their  duties  by  school  offi- 
cers, to  be  transmitted  to  the  officers  and  persons 
intrusted  with  the  execution  of  the  same. 


May  annul 
certificates. 


Lists  of 
persons 
holding 
state  certi- 
ficates and 
normal 
school 
diplomas. 


Superintend 
ent    may 
remove 
school  com- 
missioners. 


Shall  pre- 
pare regis- 
ters, blanks, 
&c. 


8 


ACT  RELATING  TO 


TITLK  II. 


School  • 
commis- 
sioners. 


School 
commis- 
sioner dis- 
tricts. 


Election  of 
commis- 
sioners. 


Term  of 
office. 


Oath  of 
office. 


Commis- 
sioner may 
resign. 


IIow  vacan- 
cy in  office 
of  school 
commis- 
sioner 
filled. 


OF    THE    SCHOOL   COMMISSIONERS,    THEIR    ELECTION, 
POWERS   AND   DUTIES. 

Section  1.  The  office  of  school  commissioner  is 
continued,  and  the  present  incumbents  shall  con- 
tinue in  office  in  their  respective  districts,  tor  the 
residue  of  the  terms  for  which  they  were  elected  or 
appointed. 

§  2.  The  districts  as  organized  under  existing- laws, 
and  as  recognized  in  the  election  of  school  commis- 
sioners at  the  annual  election  in  eighteen  hundred 
and  sixty-three,  shall  continue  to  be  held  and  re- 
garded as  the  school  commissioner  districts  in  this 
state,  except  as  the  same  shall  be  altered  or  modi- 
fied by  the  legislature. 

§  3.  The  school  commissioner  for  each  school  com- 
missioner district  shall  be  elected  by  the  electors 
thereof,  by  separate  ballot,  at  the  general  election, 
in  the  year  one  thousand  eight  hundred  and  sixty- 
six,  and  triennially  thereafter,  and  the  ballots  shall 
be  indorsed  "  school  commissioner."  The  laws  regu- 
lating the  election  of  and  canvassing  the  votes  for 
county  officers  shall  apply  to  such  elections. 

§  4.  The  term  of  office  of  such  commissioner  shall 
commence  on  the  first  day  of  January  next  after  his 
election,  and  shall  be  for  three  years  and  until  his 
successor  qualifies.  Every  person  elected  to  the 
office,  or  appointed  to  fill  a  vacancy,  must  take 
the  oath  of  office  prescribed  by  the  constitution, 
before  the  county  clerk,  or  a  judge  of  a  court  of 
record,  and  file  it  with  the  county  clerk,  within  ten 
days  after  the  commencement  of  the  term,  or  after 
notice  of  his  appointment ;  and  if  he  omit  so  to  do, 
the  office  shall  be  deemed  vacant. 

g  5.  A  commissioner  may,  at  any  time,  vacate  his 
office,  by  filing  his  resignation  with  the  county  clerk. 
His  removal  from  the  county,  or  his  acceptance  of 
the  office  of  supervisor,  town  clerk  or  trustee  of  a 
school  district,  shall  vacate  his  office. 

*  §  G.  The  county  clerk,  so  soon  as  he  has  official 
or  other  notice  of  the  existence  of  a  vacancy  in  the 

*  As  amended  by  sec.  1,  chap.  647,  Laws  of  1865. 


PUBLIC  INSTRUCTION. 


office  of  commissioner,  shall  give  notice  thereof  to 
the  county  judge,  or  if  that  office  be  vacant,  to  the 
superintendent  of  public  instruction.  In  case  of  a 
vacancy  the  county  judge,  or  if  there  be  no  county 
judge,  then  the  superintendent,  shall  appoint  a  com- 
missioner, who  shall  hold  his  office  until  the  first  of 
January  succeeding  the  next  general  election,  and 
until  his  successor,  who  shall  be  chosen  at  such  gen- 
eral election,  shall  have  qualified.  A  person  elected 
to  fill  a  vacancy  shall  hold  the  office  only  for  the 
unexpired  term. 

§  7.  Every  commissioner  shall  receive  an  annual 
salary  of  five  hundred  dollars,  payable  quarterly, 
by  the  treasurer,  on  the  warrant  of  the  comptroller 
and  the  certificate  of  the  superintendent  of  public 
instruction,  out  of  the  income  of  the  United  States 
deposit  fund  appropriated  to  this  purpose,  or  to  the 
support  of  common  schools. 

§  8.  Whenever  a  majority  of  the  supervisors  from 
all  the  towns  composing  a  school  commissioner  dis- 
trict shall  adopt  a  resolution  to  increase  the  salary 
of  their  school  commissioner,  beyond  the  five  hun- 
dred dollars  payable  to  him  from  the  United  States 
deposit  fund,  it  shall  be  the  duty  of  the  board  of 
supervisors  of  the  county  to  give  effect  to  such  reso- 
lution, and  they  shall  assess  the  increase  stated 
therein  upon  the  towns  composing  such  commissioner 
district  ratably,  according  to  the  corrected  valuations 
of  the  real  and  personal  estate  of  such  towns. 

§  9.  The  board  of  supervisors  shall  annually  audit 
and  allow  the  necessary  expenses  of  each  commis- 
sioner within  the  county,  to  an  amount  not  exceeding 
two  hundred  dollars,  and  assess  and  levy  the  amount 
by  tax  upon  the  towns  composing  his  district. 

g  10.  Whenever  the  superintendent  of  public 
instruction  is  satisfied  that  a  school  commissioner  has 
persistently  neglected  to  perform  his  duties,  he  may 
withhold  his  order  for  the  payment  of  the  whole  or 
any  part  of  such  commissioner's  salary  as  it  shall 
become  due,  and  the  salary  so  withholden  shall  be 
forfeited;  but  the  superintendent  may  remit  the  forfeit- 
ure, in  whole  or  in  part,  upon  the  commissioner  dis- 
proving or  excusing  such  neglect. 

§  11.  A  commissioner,  upon  the  written  request  of 
the  commissioner  of  an  adjoining  district,  may  per- 

2 


Salary  of 
echool  com- 
missioner. 


Supervis- 
ors may 
increase  the 
salary  of 
commis- 
sioner. 


Commis- 
sioner's 
expenses 
$200. 


Superin- 
tendent may 
withhold 
commis- 
sioner's 
6alary. 


Commis- 
sioner to 
serve  for 
another. 


10 


ACT  RELATING  TO 


Not  to  not 
n~  agent  for 
author  or 
publisher. 


Duties  of 
school  com- 
missioner. 

Commis- 
sioners to 
amend 
boundaries 
of  districts, 
etc. 


To  visit  and 

examine 

schools. 


Libraries, 
school 
houses,  &c. 


Studies. 


form  any  of  his  duties  for  him,  and  upon  requirement 
of  the  state  superintendent  ot  public  instruction 
must  perform  the  same. 

§  12.  No  school  commissioner  shall  act  as  agent 
for  any  author,  publisher  or  bookseller,  nor  directly 
or  indirectly  receive  any  gift,  emolument,  reward  or 
promise  of  reward,  for  his  influence  in  recommending 
or  procuring  the  use  of  any  book,  or  school  appara- 
tus, or  furniture  of  any  kind  whatever,  in  any  com- 
mon school,  or  the  purchase  of  any  book  for  a  district 
library.  Any  one  who  shall  procure  or  solicit  a  vio- 
lation of  this  provision,  or  any  part  thereof,  shall  be 
guilty  of  a  misdemeanor;  and  any  such  violation 
shall  subject  the  guilty  commissioner  to  removal  from 
his  office  by  the  superintendent  of  public  instruction. 

S  13.  Every  commissioner  shall  have  power,  and 
it  shall  be  his  duty  : 

*1.  From  time  to  time  to  inquire  and  ascertain 
whether  the  boundaries  of  the  school  districts  within 
his  district  are  definitely  and  plainly  described  in 
the  records  of  the  proper  town  clerks  ;  and  in  case  the 
record  of  the  boundaries  of  any  school  district  shall 
be  found  defective  or  iudeliuite,  or  if  the  same 
shall  be  in  dispute,  then  to  cause  the  same  to  be 
amended,  or  an  amended  record  of  the  boundaries  to 
be  made. 

2.  To  visit  and  examine  all  the  schools  and  school 
districts  within  his  district  as  often  in  each  year  as 
shall  be  practicable ;  to  inquire  into  all  matters  rela- 
ting to  the  management,  the  course  of  study  and 
mode  of  instruction,  and  the  text  books  and  disci- 
pline of  such  schools,  and  the  condition  of  the  school 
houses,  sites,  out-buildings  and  appendages,  and  of 
the  district  generally  ;  to  examine  the  district  libra- 
ries ;  to  advise  with  and  counsel  the  trustees  and 
other  officers  of  the  districts  in  relation  to  their 
duties,  and  particularly  in  respect  to  the  construction, 
warming  and  ventilation  of  school  houses,  and  the 
improving  and  adorning  of  the  school  grounds  con- 
nected therewith  ;  and  to  recommend  to  the  trustees 
and  teachers  the  proper  studies,  discipline  and  man- 
agement of  the  schools,  and  the  course  of  instruction 
to  be  pursued. 


*As  amended  by  sec.  2,  chap.  017,  Laws  of  1865. 


PUBLIC  INSTRUCTION". 


11 


.  3.  Upon  such  examination,  to  direct  the  trustees  to 
make  any  alteration  or  repair  which  shall,  in  his 
opinion,  be  necessary  to  the  health  or  comfort  of  the 
pupils ;  and  to  abate  any  nuisance  in  or  upon  the  prem- 
ises, provided  the  same  can  be  done  at  an  expense 
not  exceeding  twenty-five  dollars. 

4.  In  concurrence  with  the  supervisor  of  the  town 
in  which  a  school  house  is  situated,  by  an  order  under 
their  hands,  reciting  the  reason  or  reasons,  to  con- 
demn such  school  house,  if  they  deem  it  wholly  unfit 
for  use  and  not  worth  repairing,  and  to  deliver  the 
order  to  the  trustees,  or  one  of  them,  and  transmit  a 
copy  to  the  superintendent  of  public  instruction. 
Such  order,  if  no  time  for  its  taking  eifect  be  stated 
in  it,  shall  take  effect  immediately ;  and  from  the 
time  of  its  taking  effect,  the  district  whose  house  it 
was,  shall  not,  in  respect  to  it,  or  to  teachers 
employed  or  pupils  taught  in  it,  be  entitled  to  share 
in  any  school  or  library  moneys  in  this  act  men- 
tioned. 

5.  To  examine  persons  proposing  to  teach  com- 
mon schools  within  his  district,  and  not  possessing 
the  superintendent's  certificate  of  qualification  or  a 
diploma  of  the  state  normal  school,  and  to  inquire 
into  their  moral  fitness  and  capacity,  and,  if  he  find 
them  qualified,  to  grant  them  certificates  of  qualifi- 
cation, in  the  forms  which  are  or  may  be  prescribed 
by  the  superintendent. 

6.  To  re-examine  any  teacher  holding  his  or  his 
predecessor's  certificate,  and  if  he  find  him  deficient 
in  learning  or  ability,  to  annul  the  certificate. 

7.  To  examine  any  charge  affecting  the  moral 
character  of  any  teacher  within  his  district,  first 
giving  such  teacher  reasonable  notice  of  the  charge, 
and  an  opportunity  to  defend  himself  therefrom  ;  and 
if  he  find  the  charge  sustained,  to  annul  the  teacher's 
certificate,  by  whomsoever  granted,  and  to  declare 
him  unfit  to  teach  ;  and  if  the  teacher  held  a  certifi- 
cate of  the  superintendent,  or  a  diploma  of  the  state 
normal  school,  to  notify  the  superintendent  forthwith 
of  such  annulment  and  declaration. 

8.  And,  generally,  to  use  his  utmost  influence  and 
most  strenuous  exertions,  to  promote  sound  educa- 
tion, elevate  the  character  and  qualifications  of 
teachers,  improve    the   means  of   instruction    and 


To  direct 
trustees  to 
make  re- 
pairs. 


To  condemn 
unfit  school 
houses. 


To  exam- 
ine and 
license 
teachers. 


Re-exam- 
ine. 


To  examine 
charges 
against 
teachers. 


Annual 
certificates. 


12 


ACT  RELATING  TO 


Commis- 
sioners to 
take  affida- 
vits. 


Subject  to 

the  super- 
intendent 
of  pnblic 

instruction. 


To  report 
annually, 


advance  the  interests  of  the  schools  under  his  super- 
vision. 

§  14.  Every  school  commissioner  shall  have  power 
to  take  affidavits  and  administer  oaths  in  all  matters 
pertaining  to  common  schools,  but  without  charge 
or  fee ;  and,  under  the  direction  of  the  superintend- 
ent of  public  instruction,  to  take  and  report  to  him 
the  testimony  in  any  case  of  appeal. 

§  15.  The  commissioners  shall  be  subject  to  such 
rules  and  regulations  as  the  superintendent  of  public 
instruction  shall,  from  time  to  time,  prescribe;  and 
appeals  from  their  acts  and  decisions  may  be  made 
to  him,  as  hereinafter  provided.  They  shall,  when- 
ever thereto  required  by  the  superintendent,  report 
to  him,  as  to  any  particular  matter  or  act,  and  shall 
severally  make  to  him  annually,  up  to  the  first  day 
of  October  in  each  year,  a  report  in  such  form,  and 
containing  all  such  particulars  as  he  shall  prescribe 
and  call  for ;  and  for  that  purpose  shall  procure  the 
reports  of  the  trustees  of  the  school  districts  from 
the  town  clerks'  offices,  and  after  abstracting  the 
necessary  contents  thereof,  shall  arrange  and  indorse 
them  properly,  and  deposit  them  with  a  copy  of  his 
own  abstract  thereof,  in  the  office  of  the  county 
clerk ;  and  the  clerk  shall  safely  keep  them. 


TITLE  III. 

OF  THE  STATE  AND  OTHER  SCHOOL  MONEYS,  THEIR 
APPORTIONMENT  AND  DISTRIBUTION,  AND  HEREIN, 
OF  TRUSTS  AND  GIFTS  FOR  THE  BENEFIT  OF  COM- 
MON  SCHOOLS. 


State  tax 
for  the  sup- 
port of 
schools. 


FIRST  ARTICLE. 

Of  the  state  school  moneys  and  their  apportionment  oy 
the  superintendent  of  puhlic  instruction,  and  pay- 
ment to  the  county  and  city  treasurers. 

Section  1.  There  shall  continue  to  be  raised  by 
tax,  in  the  present  and  each  succeeding  year,  upon 
the  real  and  personal  estate  of  each  county  within  the 
state,  three-fourths  of  a  mill  upon  each  and  every 
dollar  of  the  equalized  valuation  of  such  estate, 
for  the  support  of  common  schools  in  the  state ; 


PUBLIC  INSTRUCTION. 


13 


and  the  proceeds  of  such  tax  shall  be  apportioned  and 
distributed  as  herein  provided. 

§  2.  No  clerk  of  any  board  of  supervisors,  or  other 
person  who  shall  make  out  the  tax  list  or  assessment 
roll  of  any  town,  shall  omit  to  include  and  apportion 
among  the  moneys  to  be  raised  thereby  the  amount 
hereby  required  to  be  raised  for  the  support  of  schools, 
by  reason  of  the  omission  of  the  board  of  supervisors 
to  pass  a  resolution  for  that  purpose. 

§  3.  The  moneys  so  raised  shall  be  paid  into  the  state 
treasury,  and  the  treasurer  may  transfer  them  from 
one  depository  to  another  by  his  draft,  countersigned 
aud  entered  by  the  superintendent  of  public  instruc- 
tion. No  such  money  shall  be  paid  out  of  the  treas- 
ury except  upon  such  warrant  of  the  superintendent, 
countersigned  by  the  comptroller,  referring  to  the 
law  under  which  it  is  drawn.  The  superintendent 
shall  countersign  and  enter  all  checks  drawn  by  the 
treasurer  in  payment  of  his  warrants,  and  all  receipts 
of  the  treasurer  for  such  money  paid  to  the  treasurer, 
and  no  such  receipt  shall  be  evidence  of  payment 
unless  it  be  so  countersigned. 

g  4.  The  comptroller  may  withold  the  payment  of 
any  moneys  to  which  any  county  may  be  entitled, 
from  the  appropriation  of  the  incomes  of  the  school 
fund  and  the  United  States  deposit  fund  for  the  sup- 
port of  common  schools,  until  satisfactory  evidence 
shall  be  furnished  to  him  that  all  moneys  required  by 
law  to  be  raised  by  taxation  upon  such  county,  for 
the  support  of  schools  throughout  the  state,  have 
been  collected  and  paid  or  accounted  for  to  the  state 
treasurer ;  and  whenever,  in  consequence  of  the  fail- 
ure of  any  county  to  pay  such  moneys,  there  shall  be 
a  deficiency  of  moneys  in  the  treasury  applicable  to 
the  payment  of  school  moneys  to  which  any  other 
county  may  be  entitled,  the  treasurer  and  superin- 
tendent of  public  instruction  are  hereby  authorized  to 
make  a  temporary  loan  of  the  amount  so  deficient, 
and  such  loan  and  the  interest  thereon  until  payment 
shall  be  made  to  the  treasury,  shall  be  a  charge  upon 
the  county  in  default,  and  shall  be  added  to  the 
amount  of  state  tax,  and  levied  upon  such  county  by 
the  board  of  supervisors  thereof,  at  the  next  ensuing 
assessment,  and  shall  be  paid  into  the  treasury  in  the 
same  manner  as  other  taxes. 


Clerk  of 
board  of 
supervisors 
may  not 
omit  to  in- 
clude the 
three-fourth 
mill  tax. 


Shall  be 
paid  into 
st:\te  treas- 
ury. 


Comptrol- 
ler may 
withhold 
moneys 
from 
counties. 


Treasurer 
and  super- 
intendent 
may  borrow 
moneys. 


14 


ACT  RELATING  TO 


State  school 
moneys, 


Apportion- 
ment by 
superin- 
tendent. 

Applied  to 

teachers' 

wages. 


For  pay  of 
school  com- 
missioners. 


To  cities  on 
account  of 
supervisors. 


Library 
moneys. 


Contingent 
fund. 


Indian 
schools. 


<§  5.  The  moneys  raised  by  the  state  tax  or  bor- 
rowed as  aforesaid  to  supply  a  deficiency  thereof,  and 
such  portion  of  the  income  of  the  United  States 
deposit  fund  ax  shall  be  appropriated,  and  the  income 
of  the  common  school  fund,  when  the  same  are  appro- 
priated to  the  support  of  common  schools,  constitute 
the  state  school  moneys,  and  shall  be  divided  and 
apportioned  by  the  superintendent  of  public  instruc- 
tion, on  or  before  the  twentieth  day  of  January  in 
each  year,  as  follows :  and  all  moneys  so  apportioned 
except  the  library  moneys,  shall  be  applied  exclu- 
sively to  the  payment  of  teachers'  wages. 

§  G.  He  shall  apportion  and  set  apart  from  the 
income  of  the  United  States  deposit  fund  so  appro- 
priated, the  amounts  required  to  pay  the  annual  sal- 
aries of  the  school  commissioners  elected  or  elective 
under  this  act,  to  be  drawn  out  of  the  treasury  and 
paid  to  the  several  commissioners  as  hereinbefore 
provided  ;  and  he  shall  also  apportion  to  each  of  the 
cities  of  the  state,  which  under  a  special  act  employs 
a  superintendent  of  common  schools  or  a  clerk  of  the 
board  of  education  who  does  the  duty  of  supervision, 
out  of  the  income  of  the  said  fund,  or  out  of  the 
income  of  the  common  school  fund  so  appropriated, 
five  hundred  dollars  for  each  member  of  assembly  to 
which  such  city  shall  be  entitled  according  to  the 
unit  of  representation  adopted  by  the  legislature,  to 
be  paid  into  the  city  treasury  and  expended  according 
to  law,  for  the  support  of  the  common  schools  of  the 
city.  He  shall  then  set  apart,  from  the  income  of 
the  United  States  deposit  fund,  for  and  as  library 
moneys,  such  sum  as  the  legislature  shall  appropri- 
ate for  that  purpose.  He  shall  also  set  apart  from 
the  free  school  fund  a  sum  not  exceeding  two  thou- 
sand dollars  for  a  contingent  fund.  He  shall  then  set 
apart  and  apportion  for  and  on  account  of  the  Indian 
schools  under  his  supervision,  a  sum  which  will  be 
equitably  equivalent  to  their  proportion  of  the  state 
school  moneys  upon  the  basis  of  distribution  estab- 
lished by  this  act,  such  sum  to  be  wholly  payable 
out  of  the  proceeds  of  the  state  tax  for  the  support 
of  common  schools.  After  deducting  the  said 
amounts,  he  shall  divide  the  remainder  of  the  state 
school  moneys  into  two  parts,  one  to  be  one-third  and 


PUBLIC  INSTRUCTION. 


15 


the  other  to  be  two-thirds  of  such  remainder,  and 
shall  apportion  them  as  hereinafter  specified. 

§  7.  He  shall  apportion  the  one-third  of  the 
remainder  equally  among-  the  school  districts  and 
cities  from  which  reports  shall  have  been  received  in 
accordance  with  law,  as  follows  : 

To  entitle  a  district  to  a  distributive  portion  or 
district  quota,  a  qualified  teacher,  or  successive 
qualified  teachers,  must  have  actually  taught  the  com- 
mon school  of  the  district,  for  at  least  the  term  of 
time  hereinafter  mentioned,  during  the  last  preced- 
ing school  year.  For  every  additional  qualified 
teacher  and  his  successors  who  shall  have  actually 
taught  in  said  school  during  the  whole  of  said  term, 
the  district  shall  be  entitled  to  another  distributive 
quota ;  but  pupils  employed  as  monitors,  or  other- 
wise, shall  not  be  deemed  teachers.  The  aforemen- 
tioned term,  during  the  current  school  year  shall  be 
six  months,  and  thereafter  shall  be  twenty-eight  weeks 
of  five  school  days  each,  inclusive  of  New  Year's 
day,  Washington's  birthday,  the  fourth  day  of  July, 
Christmas  day,  and  any  other  day  which  shall  be, 
by  law,  declared  a  holiday,  which  shall  occur  during 
the  term.  A  deficiency  not  exceeding  three  weeks 
during  the  current  year,  or  in  any  subsequent  year, 
caused  by  a  teacher's  attendance  upon  a  teachers' 
institute  within  the  county,  shall  be  excused. 

§  8.  Having  so  apportioned  and  distributed  the 
one-third,  the  superintendent  shall  apportion  the  two- 
thirds  of  the  said  remainder,  and  also  the  library 
moneys  separately,  among  the  counties  of  the  state, 
according  to  their  respective  population,  excluding 
Indians  residing  on  their  reservations,  as  the  same 
shall  appear  from  the  last  preceding  state  or  United 
States  census  ;  but  as  to  counties  in  which  are  situat- 
ed cities  having  special  school  acts,  he  shall  apportion 
to  each  city  the  part  to  which  it  shall  so  appear  enti- 
tled, and  to  the  residue  of  the  county  the  part  to 
which  it  shall  appear  to  be  so  entitled.  If  the  census 
according  to  which  the  apportionment  should  be 
made,  does  not  show  the  sum  of  the  population  of 
any  county  or  city,  the  superintendent  shall,  by  the 
best  evidence  he  can  procure,  ascertain  and  determine 
the  population  of  such  county  or  city  at  the  time  the 


One-third 
apportion- 
ment. 


What  dis- 
tricts to 
receive  dis- 
trict quota. 


One  quota 
for  each 
qualified 
teacher. 


Term  of 
school. 


Two-thirds 
apportion- 
ment. 


Apportion- 
ment and 
payment  to 
cities. 


16 


ACT  RELATING  TO 


Separate 
neighbor- 
hoods. 


Superin- 
tendent may 
excuse  neg- 
lect, and 

make  sup- 
plemental 
apportion- 
ment. 


Moneys  ap- 
portioned in 
excess  may 
be  reclaim- 
ed by  the 
superin- 
tendent. 


census  was  taken,  and  make  his  apportionment 
accordingly. 

§  9.  The  superintendent  shall  apportion  to  each 
separate  neighborhood  which  shall  have  duly  report- 
ed, sueh  fixed  sum  as  will,  in  his  opinion,  be  equitably 
equivalent  to  its  portion  of  all  the  state  school  moneys 
upon  the  basis  of  distribution  established  by  this  act; 
such  sum  to  be  payable  out  of  the  contingent  fund 
hereinbefore  established. 

g  10.  Whenever  any  school  district  or  separate 
neighborhood  shall  have  been  excluded  from  partici- 
pation in  any  apportionment  made  by  the  superin- 
tendent, or  by  the  school  commissioners,  by  reason  of 
its  having  omitted  to  make  any  report  required  by 
law,  or  to  comply  with  any  other  provision  of  law, 
or  with  any  rule  or  regulation  made  by  the  superin- 
tendent under  the  authority  of  law,  and  it  shall  be 
shown  to  the  superintendent  that  such  omission  was 
accidental  or  excusable,  he  may,  upon  the  application 
of  such  district  or  neighborhood,  make  to  it  an  equi- 
table allowance ;  and  if  the  apportionment  was  made 
by  himself,  cause  it  to  be  paid  out  of  the  contingent 
fund ;  and,  if  the  apportionment  was  made  by  the 
commissioners,  direct  them  to  apportion  such  allow- 
ance to  it,  at  their  next  annual  apportionment,  in 
addition  to  any  apportionment  to  which  it  may  then 
be  entitled. 

%  11.  If  money  to  which  it  is  not  entitled,  or  a 
larger  sum  than  it  is  entitled  to,  shall  be  apportioned 
to  any  county,  or  part  of  a  county,  or  school  district, 
and  it  shall  not  have  been  so  distributed  or  appor- 
tioned among  the  districts,  or  expended,  as  to  make 
it  impracticable  so  to  do,  the  superintendent  may 
reclaim  such  money  or  excess,  by  directing  any  officer 
in  whose  hands  it  may  be,  to  pay  it  into  the  state 
treasury,  to  the  credit  of  the  free  school  fund ;  and 
the  state  treasurer's  receipt,  countersigned  by  the 
superintendent,  shall  be  his  only  voucher ;  but,  if  it 
be  impracticable  so  to  reclaim  such  money  or  excess, 
then  the  superintendent  shall  deduct  it  from  the  por- 
tion of  such  county,  part  of  a  county  or  district,  in 
his  next  annual  apportionment,  and  distribute  the 
sum  thus  deducted,  equitably  among  the  counties  and 
parts  of  counties,  or  among  the  school  districts  in  the 
state  entitled  to  participate  in  such  apportionment, 


PUBLIC  INSTRUCTION. 


17 


according  to  the  basis  of  apportionment  in  which 
such  excess  occurred. 

§  12.  If  a  less  sum  than  it  is  entitled  to  shall  have 
been  apportioned  by  the  superintendent  to  any  county, 
part  of  a  county  or  school  district,  the  superintendent 
may  make  a  supplementary  apportionment  to  it,  of 
such  a  sum  as  shall  make  up  the  deficiency,  and  the 
same  shall  be  paid  out  of  the  contingent  fund,  if  suf- 
ficient, and  if  not,  then  the  superintendent  shall  make 
up  such  deficiency  in  his  next  annual  apportionment. 

g  13.  As  soon  as  possible  after  the  making  of  auy 
annual  or  general  apportionment,  the  superintendent 
shall  certify  it  to  the  county  clerk,  county  treasurer, 
school  commissioners  and  city  treasurer  or  chamber- 
lain, in  every  county  in  the  state;  and  if  it  be  a  sup- 
plemental apportionment,  then  to  the  county  clerk, 
county  treasurer  and  school  commissioners  of  the 
county  in  which  the  neighborhood  or  the  school  house 
of  the  district  concerned  is  situate. 

*  5  14.  The  moneys  so  annually  apportioned  by  the 
superintendent  shall  be  payable  on  the  first  day  of 
February  next  after  the  apportionment,  to  the  trea- 
surers of  the  several  counties  and  the  chamberlain  of 
the  city  of  New  York  respectively ;  and  the  said 
treasurers  and  chamberlain  shall  apply  for  and  receive 
the  same  so  soon  as  payable. 


Deficiencies 
to  be  sup- 
plied by 
supplement- 
al appor- 
tionment. 


To  certify 
to  county 
clerk,  treas- 
urer, com- 
missioner, 
&c. 


School  mo- 
neys pay- 
able Feb.  1. 


SECOND  ARTICLE. 

Of  trusts  for  the  benefit  of  common  schools,  and  of  town 
school  funds,  fines,  penalties  and  other  moneys  held 
or  given  for  their  benefit. 

§  15.  Real  and  personal  estate  may  be  granted, 
conveyed,  devised,  bequeathed  and  given  in  trust 
and  in  perpetuity  or  otherwise,  to  the  state,  or  to 
the  superintendent  of  public  instruction,  for  the  sup- 
port or  benefit  of  the  common  schools  within  the 
state,  or  within  any  part  or  portion  of  it,  or  of  any 
particular  common  school  or  schools  within  it ;  and 
to  any  county,  or  thp  school  commissioner  or  com- 
missioners of  any  county,  or  to  any  city  or  any  board 
or  officers  thereof,  or  to  any  school  commissioner  dis- 
trict or  its  commissioner,  or  to  any  town  or  supervisor 


Real  and 
personal 
estate  given 
in  trust  for 
the  benefit 
of  common 
schools. 


*  As  amended  by  sec.  3,  Chap.  647,  Laws  of  1865. 
3 


18 


ACT  RELATING  TO 


Trusts  not 
invalid  for 
want  of 
trustee  or 
donee. 


Legislature 
to  control 
nnd  regulate 
trusts. 


Superin- 
tendent to 
require 
trustees  to 
account. 


Certain 
officers 
and  boards 
to  report 
trusts,  &c., 
to  superin- 
tendent. 


Gospel  and 
echool  lots. 


of  a  town,  or  to  any  school  district  or  its  trustee  or 
trustees,  for  the  support  and  benefit  of  common 
schools  within  such  county,  city,  school  commissioner 
district,  town  or  school  district,  or  within  any  part  or 
portion  thereof  respectively,  or  for  the  support  and 
benefit  of  any  particular  common  school  or  schools 
therein. 

§  16.  No  such  grant,  conveyance,  devise  or  bequest 
shall  be  held  void  for  the  want  of  a  named  or  com- 
petent trustee  or  donee,  but  where  no  trustee  or 
donee,  or  an  incompetent  one  is  named,  the  title  and 
trust  shall  vest  in  the  people  of  the  state,  subject  to 
its  acceptance  by  the  legislature,  but  such  acceptance 
shall  be  presumed. 

g  17.  The  legislature  may  control  and  regulate  the 
execution  of  all  such  trusts ;  and  the  superintendent 
of  public  instruction  shall  supervise  and  advise  the 
trustees,  and  hold  them  to  a  regular  accounting  for 
the  trust  property  and  its  income  and  interest,  at 
snch  times,  in  such  forms,  and  with  such  authentica- 
tions, as  he  shall  from  time  to  time  prescribe. 

§  18.  The  common  council  of  every  city,  the  board 
of  supervisors  of  every  county,  the  trustees  of  every 
village,  the  supervisor  of  every  town,  the  trustee  or 
trustees  of  every  school  district,  and  every  other  offi- 
cer or  person  who  shall  be  thereto  required  by  the 
superintendent  of  public  instruction,  shall,  on  or 
before  the  thirtieth  day  of  September  next,  report  to 
him  whether  any,  and  if  any,  what  trusts  are  held  by 
them  respectively,  or  by  any  other  body,  officer  or 
person,  to  their  information  or  belief,  for  school  pur- 
poses, and  shall  transmit  therewith  an  authenticated 
copy  of  every  will,  conveyance,  instrument  or  paper 
embodying  or  creating  the  trust ;  and  shall,  in  like 
manner,  forthwith  report  to  him  the  creation  and 
terms  of  every  such  trust  subsequently  created. 

§  19.  Every  supervisor  of  a  town  shall,  by  the 
thirtieth  day  of  September  next,  report  to  the  super- 
intendent whether  the,re  be,  within  the  town,  any 
gospel  or  school  lot,  and,  if  any,  shall  describe  the 
same,  and  state  to  what  use,  if  any,  it  is  put  by 
the  town ;  and  whether  it  be  leased,  and  if  so,  to 
whom,  for  what  term  and  upon  what  rents;  and 
whether  the  town  holds  or  is  entitled  to  any  land, 
moneys  or  securities  arising  from  any  sale  of  such 


PUBLIC  INSTRUCTION. 


19 


gospel  or  school  lot,  and  the  investment  of  the  pro- 
ceeds thereof,  or  of  the  rents  and  income  of  such  lots 
and  investments,  and  shall  report  a  full  statement  and 
account  of  such  lands,  moneys  and  securities. 

§  20.  Every  supervisor  of  a  town  shall,  in  like  man- 
ner, by  the  thirtieth  day  of  September  next,  report 
to  the  superintendent  whether  the  town  has  a  com- 
mon school  fund  originated  under  the  "act  relative  to 
moneys  in  the  hands  of  overseers  of  the  poor,"  passed 
April  27,  1829,  and,  if  it  have,  the  full  particulars 
thereof,  and  of  its  investment,  income  and  applica- 
tion, in  such  form  as  the  superintendent  may  pre- 
scribe. 

§  21.  In  respect  to  the  property  and  funds  in  the 
two  last  sections  mentioned,  the  superintendent  shall, 
at  the  next  session  of  the  legislature,  and  annually 
thereafter,  include  iu  his  annual  report  a  statement 
and  account  thereof.  And,  to  these  ends,  he  is 
authorized,  at  any  time,  and  from  time  to  time,  to 
require  from  the  supervisor,  board  of  town  auditors, 
or  any  officer  of  a  town,  a  report  as  to  any  fact,  or 
any  information  or  account,  he  may  deem  necessary 
or  desirable. 

§  22.  Whenever,  by  any  statute,  a  penalty  or  fine 
is  imposed  for  the  benefit  of  common  schools,  and 
not  expressly  of  the  common  schools  of  a  town  or 
school  district,  it  shall  be  taken  to  be  for  the  benefit 
of  the  common  schools  of  the  county  within  which 
the  conviction  is  had  ;  and  the  fine  or  penalty,  when 
paid  or  collected,  shall  be  paid  forthwith  into  the 
county  treasury,  and  the  treasurer  shall  credit 
the  same  as  school  moneys  of  the  county,  unless  the 
county  comprise  a  city  having  a  special  school  act, 
in'  which  case  he  shall  report  it  to  the  superintendent, 
who  shall  apportion  it  upon  the  basis  of  population 
by  the  last  census,  between  the  city  and  the  residue 
of  the  county,  and  the  portion  belonging  to  the  city 
shall  be  paid  into  its  treasury. 

§  23.  Every  district  attorney  shall  report,  annually, 
to  the  board  of  supervisors,  all  such  fines  and  penal- 
ties imposed  in  any  prosecution  conducted  by  him 
during  the  previous  year;  and  all  moneys  collected 
or  received  by  him  or  by  the  sheriff,  or  any  other 
officer,  for  or  on  account  of  such  fines  and  penalties, 
shall  be  immediately  paid  into  the  county  treasury, 


Moneys  in 
the  hands 
of  over- 
seers of  the 
poor. 


Superin- 
tendent to 
report  to 
the  legislat- 
ure. 


Penalties 
and  fines 
how  paid 
and  appor- 
tioned. 


Patriot  at- 
torney to 
report  lines 
and  penal- 
tie-1  to  su- 
pervisors. 


20 


ACT  RELATING  TO 


Finos  and 
penalties 

lo  whom 
paid. 


Penalties 
in  joint 
districts. 


Embezzle- 
ment, pen- 
alty for. 


and  the  receipt  of  the  county  treasurer  shall  be  a 
sufficient  and  the  only  voucher  for  such  money. 

§  24.  Whenever  a  fine  or  penalty  is  inflicted  or 
imposed  for  the  benefit  of  the  common  schools  of  a 
town  or  school  district,  the  magistrate,  constable  or 
other  officer,  collecting  or  receiving  the  same,  shall 
forthwith  pay  the  same  to  the  county  treasurer  of 
the  county  in  which  the  school  house  is  located,  who 
shall  credit  the  same  to  the  town  or  district  for 
whose  benefit  it  is  collected.  If  the  fine  or  penalty 
be  inflicted  or  imposed  for  the  benefit  of  the  com- 
mon schools  of  a  city  having  a  special  school  act,  or 
of  any  part  or  district  of  a  city,  it  shall  be  paid  into 
the  city  treasury. 

§  25.  Whenever,  by  this  or  any  other  act,  a  pen- 
alty or  fine  is  imposed  upon  any  school  district 
officer  for  a  violation  or  omission  of  official  duty,  or 
upon  any  person  for  any  act  or  omission  within  a 
school  district,  or  touching  property  or  the  peace 
and  good  order  of  the  district,  and  such  penalty  or 
fine  is  declared  to  be  for,  or  for  the  use  or  benefit  of 
the  common  schools  of  the  town,  or  of  the  county, 
and  such  school  district  lies  in  two  or  more  towns  or 
counties,  the  town  or  county  intended  by  the  act  shall 
be  taken  to  be  the  one  in  which  the  school  house,  or 
the  school  house  longest  owned  or  held  by  the  district 
is,  at  the  time  of  such  violation,  act  or  omission. 

§  26.  Any  district  attorney,  sheriff,  justice  of  the 
peace,  police  justice  or  other  magistrate  or  officer, 
who  shall  embezzle,  or  willfully  withhold  from  or 
omit  to  pay  into  the  county  treasury  any  money 
received  or  collected  in  payment  or  satisfaction,  in 
whole  or  in  part,  of  any  fine  or  penalty  in  the  four 
last  preceding  sections  mentioned,  shall  be  guilty  of 
a  misdemeanor ;  and  any  fine  imposed  upon  a  con- 
viction thereof  shall  be  for  the  benefit  of  the  common 
schools  of  the  county. 


Apportion- 
ment of 


THIED   ARTICLE. 

Of  the  apportionment  of  the  state  schools  moneys,  and 
of  other  school  moneys  by  the  school  commissioners, 
and  their  payment  to  the  supervisors. 

§  27.  The  school  commissioner,  or  commissioners 
of  each  county,  shall  proceed,  at  the  county  seat,  on 


PUBLIC  INSTRUCTION". 


21 


the  third  Tuesday  of  March  in  each  year,  to  ascer- 
tain, apportion  and  divide  the  state  and  other  school 
moneys  as  follows  : 

1.  They  shall  set  apart  any  library  moneys  appor- 
tioned by  the  superintendent. 

2.  From  the  other  moneys  apportioned  to  the 
county,  they  shall  set  apart  and  credit  to  each  sepa- 
rate neighborhood  and  school  district  the  amount 
apportioned  to  it  by  the  state  superintendent,  and 
to  every  district  which  did  not  participate  in  the 
apportionment  of  the  previous  year,  and  which  the 
superintendent  shall  have  excused,  such  equitable 
sum  as  he  shall  have  allowed  to  it. 

3.  They  shall  procure  from  the  treasurer  of  the 
county  a  transcript  of  the  returns  of  the  supervisors 
hereinafter  required,  showing  the  unexpended  moneys 
in  their  hands  applicable  to  the  payment  of  teach- 
ers' wages  and  to  library  purposes,  and  shall  add 
the  whole  sum  of  such  moneys  to  the  balance  of  the 
state  moneys  to  be  apportioned  for  teachers'  wages. 
The  amounts  in  each  supervisor's  hands  shall  be 
charged  as  a  partial  payment  of  the  sums  appor- 
tioned to  the  town  for  library  moneys  and  teachers' 
wages  respectively. 

4.  They  shall  procure  from  the  county  treasurer  a 
full  list  and  statement  of  all  payments  to  him  of 
moneys  for  or  on  account  of  fines  and  penalties,  or 
accruing  from  any  other  source,  for  the  benefit  of 
schools  and  of  the  town  or  towns,  district  or  districts 
for  whose  benefit  the  same  were  received.  Such  of 
said  moneys  as  belong  to  a  particular  district,  they 
shall  set  apart  and  credit  to  it ;  and  such  as  belong 
to  the  schools  of  a  town,  they  shall  set  apart  and 
credit  to  the  schools  in  that  town,  and  shall  appor- 
tion them  together  with  such  as  belong  to  the 
schools  of  the  county,  hereinafter  provided,  for  the 
payment  of  teachers'  wages. 

5.  They  shall  apportion  the  library  moneys  to  the 
school  districts  and  parts  of  school  districts  joint  with 
parts  in  any  city  or  in  an  adjoining  county,  which 
shall  be  entitled  to  participate  therein  as  hereinafter 
specified,  in  proportion  to  the  number  of  children  in 
each  between  the  ages  of  five  and  twenty-one  years, 
as  the  same  shall  appear  from  the  reports  of  the 
trustees  for  the  last  preceding  school  year. 


school  mo- 
neys by 
commis- 
sioners. 

Library 
moneys. 

Shall  set 
apart  mo- 
neys spe- 
cially ap- 
portioned 
by  the  su- 
perintend- 
ent. 


Upturn  of 
unexpended 
moneys  by 
supervisors. 


Returns 
from  treas- 
urer of 
fines  and 
penalties. 


How  appor- 
tioned. 


Apportion- 
ment of  li- 
brary mo- 
neys accord- 
ing to  num- 
ber of  child- 
ren. 


22 


ACT  RELATING  TO 


Remaining 
moneys. 


New  basis 
in  1600. 


On  average 
attendance. 


Attendance, 
ascertained. 


Certificates 
of  appor- 
tionment. 


Certify  to 
the-  supervis- 
or. 


C.  They  shall  apportion  in  like  maimer  and  upon 
the  same  basis,  until  the  apportionment  of  the  year 
eighteen  hundred  and  sixty-six,  the  remaining  unap- 
porti'oned  moneys  among  such  school  districts  and 
parts  of  school  districts. 

7.  In  the  apportionment  of  eighteen  hundred  and 
sixty-six,  and  in  every  subsequent  apportionment, 
they  shall  apportion  one-halt*  of  such  remaining 
unapportioned  moneys,  in  the  like  manner  and  upon 
the  same  basis,  among  such  school  districts  and  parts 
of  districts ;  and  the  other  half  they  shall  apportion 
among  such  districts  and  parts  of  districts,  in  pro- 
portion to  the  average  daily  attendance  of  the  pupils 
resident  therein  between  the  ages  of  five  and  twenty- 
one  years,  at  their  respective  schools  during  the  last 
preceding  school  year.  The  average  daily  attendance 
of  the  pupils  is  to  be  ascertained  from  the  records 
thereof  kept  by  the  teachers,  as  hereinafter  prescribed, 
by  adding  together  the  whole  number  of  days'  attend- 
ance of  each  and  every  such  pupil  in  the  district,  or 
part  of  a  district,  and  dividing  the  aggregate  by  the 
whole  number  of  days  the  school  was  kept  during 
the  year. 

8.  They  shall  then  set  apart  to  each  town  the 
moneys  so  set  apart  and  apportioned  to  each  sepa- 
rate neighborhood  ;  to  each  district  the  school  house 
of  which  is  therein  ;  and  to  each  part  of  a  joint  dis- 
trict therein  the  school  house  of  which  is  located  in 
a  city  or  in  a  town  in  an  adjoining  county. 

9.  They  shall  sign,  in  duplicate,  a  certificate,  show- 
ing the  amounts  apportioned  and  set  apart  to  each 
separate  neighborhood,  school  district  and  part  of  a 
district,  and  the  towns  in  which  they  are  situated, 
and  shall  designate  therein  the  source  from  which 
each  item  of  the  aggregate  to  each  district  and  town 
was  derived  ;  and  shall  forthwith  deliver  one  of  said 
duplicates  to  the  treasurer  of  the  county  and  trans- 
mit the  other  to  the  superintendent  of  public  instruc- 
tion. 

10.  They  shall  certify  to  the  supervisor  of  eacli 
town  the  amount  of  school  moneys  so  apportioned 
to  his  town,  and  the  portions  thereof  to  be  paid  by 
him  for  library  purposes  and  for  teachers'  wages,  to 
each  such  distinct  separate  neighborhood,  district 
and  part  of  a  district. 


PUBLIC  INSTRUCTION.  23 

g  28.  If  in  their  apportionment,  through  any  error  Erroneous 
of  thecominissioners,  any  district  shall  have  appor-  mePn°t?n°ow 
tioned'to  it  a  larger  or  a  less  share  of  the  moneys  remedied* 
than  it  is  entitled  to,  the  commissioners  may  in  their 
next  annual  apportionment,  with  the  approbation  of 
the  superintendent,  correct  the  error  by  an  equitable 
deduction  from  or  augmentation  of  the  share  of  such 
district. 

§  29.  No  district  or  part  of  a  district  shall  be  enti-  what  dia- 
lled.'  to  any  portion  of  such  school  moneys  on  such  tied  to  pub- 
apportionment  unless  the  report  of  the  trustees  for  llcmoueys- 
the  preceding-  school  year  shall  show  that  a  common 
school  was  supported  in  the  district  and  taught  by  a 
qualified  teacher  for  such  a  term  of  time  as  would, 
under  section  seven  of  this  title,  entitle  it  to  a  dis- 
tributive share  under  the  apportionment  of  the  super- 
intendent. 

§  30.  On  receiving  the  certificate  of  the  commis-  supervisor 
sioners,  each  supervisor  shall  forthwith  make  a  copy  copTo/ap- 
thereof  for  his  own  use,  and  deposit  the  original  in  mernt°and 
the  office  of  the  clerk  of  his.  town  ;  and  the  moneys  g!^eori" 
so  apportioned  to  his  town  shall  be   paid   to   him 
immediately  on  his  compliance  with  the  requirements 
of  the  next  section,  and  not  before. 

§  31.  Immediately  on  receiving  the  commissioners'   supervisors 
certificate  of  apportionment,   the   county   treasurer  bonds? 
shall  require  of  each  supervisor,  and  each  'supervisor 
shall  give  to  the  treasurer  in  behalf  of  the  town,  his 
bond  with  two  or  more  sufficient  sureties  approved 
by  the  treasurer,  in  the  penalty  of  at  least  double  the 
amount  of  the  school  moneys   set  apart  or  appor- 
tioned to  the  town,  and  of  any  such  moneys  unac- 
counted for  by  his  predecessor,  conditioned  for  the 
faithful  disbursement,  safe  keeping  and  accounting 
for  such  moneys,  and  of  all  other  school  moneys  that 
may  come  into  his  hands  from  any  other  source.     If 
the  condition  shall  be  broken,  the  county  treasurer  Thetreas- 
shall  sue  the  bond  in  his  own  name,  in  behalf  of  the  suTth^su- 
town,  and  the  money  recovered  shall  be  paid  over  to  Uond.8°r8 
the  successor  of  the  supervisor  in  default,  such  suc- 
cessor having  first  given  security  as  aforesaid. 

§  32.  The  refusal  of  a  supervisor  to  give  such  secur-  Refusal  to 

iiii  •!  -!••  i    give  secur- 

ity shall  be  a  misdemeanor,  and  any  fine   imposed  ftyamisde- 

on  his  conviction    thereof  shall  be  for  the   benefit 

of  the  common   schools   of  the   town.     Upon   such 


24 


ACT  RELATING  TO 


County 

judi;.'  m:\y 
appoint. 


refusal,  the  moneys  so  set  apart  and  apportioned  to 
the  town  shall  be  paid  to  and  disbursed  by  some 
other  officer  or  person  to  be  designated  by  the  county 
judge,  under  such  regulations  and  with  sueh  safe- 
guards as  he  may  prescribe,  and  the  reasonable  com- 
pensation of  such  officer  or  person,  to  be  adjusted  by 
the  board  of  supervisors,  shall  be  a  town  charge. 


Supervis- 
ors   to  be 
trustees  of 
gospel  and 
school  lots. 


Powers  un- 
der former 
acts. 


Embezzle- 
ment of 
moneys  by 
supervisors. 


To  make  a 
return  of 
moneys  in 
their  hands. 


TITLE  IV. 

OF  THE  DISBURSEMENT  OF  TIIE  SCHOOL  MONEYS  BY 
THE  SUPERVISORS,  AND  OF  SOME  OF  THEIR  SPECIAL 
POWERS,  DUTIES  AND  LIABILITIES  UNDER  THIS  ACT. 

Section  1.  The  several  supervisors  continue  vested 
with  the  powers  and  charged  with  the  duties  formerly 
vested  in  and  charged  upon  the  trustees  of  the  gospel 
and  school  lots,  and  transferred  to  and  imposed 
upon  town  superintendents  of  common  schools  by 
chapter  one  hundred  and  eighty-six,  of  the  laws  of 
one  thousand  eight  hundred  and  forty-six. 

§  2.  The  several  supervisors  continue  vested  with 
the  powers  and  charged  with  the  duties  conferred  and 
imposed  upon  the  commissioners  of  common  schools 
by  the  act  of  eighteen  hundred  and  twenty-niue, 
entitled  "  An  act  relative  to  moneys  in  the  hands  of 
overseers  oT  the  poor." 

§  3.  A  supervisor  who  shall  embezzle  or  apply  to 
his  own  private  use  any  money  or  security  received 
by  him  under  any  provisions  of  this  act,  including 
the  two  preceding  sections  of  this  title,  shall  be 
guilty  of  a  misdemeanor,  and  any  fine  imposed  upon 
a  conviction  thereof  shall  be  for  the  benefit  of  the 
common  schools  of  the  town. 

§  4.  On  the  first  Tuesday  of  March  in  each  year, 
each  supervisor  shall  make  a  return  in  writing  to  the 
county  treasurer  for  the  use  of  the  school  commis- 
sioners, showing  the  amounts  of  school  moneys  in 
his  hands  not  paid  out  on  the  orders  of  trustees  for 
teachers'  wages,  nor  drawn  by  them  for  library  pur- 
poses, and  the  districts  to  which  they  stand  accred- 
ited (and  if  no  such  money  remain  in  his  hands,  he 
shall  report  that  fact) ;  and  thereafter  he  shall  not 
pay  out  any  of  said  moneys  until  he  shall  have 
received  the  certificate  of  the  next  apportionment ; 


PUBLIC  INSTRUCTION.  25 

and  the  moneys  so  returned  by  him  shall  be  re-appor- 
tioned as  hereinbefore  directed. 

§  5.  Any  supervisor  who  neglects  to  make  the  said  *£>£** for 
return,  or  shall  make  a  false  return,  shall  forfeit 
twenty-five  dollars,  to  be  recovered  by  his  successor 
in  office,  or  if  he  be  re-elected,  by  the  county  treas- 
urer of  the  county  in  which  the  town  lies,  for  the 
benefit  of  the  common  schools  of  the  county. 
§  6.  It  is  the  duty  of  every  supervisor  :  super™- 

*  1.  To  disburse  the  school  moneys  in  his  hands  orB' dutie9- 
applicable  to  teachers'  wages,  including  the  library 
moneys  apportioned  to  the  district,  if  they  do  not 
exceed  three  dollars,  and   library  moneys  made  so 
applicable  by  the  approbation  of  the  state  superin- 
tendent, upon,  and  only  upon,  the  written  orders  of 
a  sole  trustee  or  of  a  majority  of  the  trustees  in 
favor  of  qualified  teachers,  or  upon  the  order  of  the  upon  the 
trustee  of  a  separate  neighborhood  in  favor  of  any  trustee 
teacher  of  a  school  in  an  adjoining  state,  recognized  ?aft*S_ 
by  him  and  patronized  by  the  inhabitants  of  such  torhool. 
neighborhood :  such  teacher  shall  be  deemed  a  quali- 
fied teacher. 

2.  To  disburse  library  moneys  other  than  those 
abovementioued,  upon,  and  only  upon,  the  written 
orders  of  a  sole  trustee,  or  of  a  majority  of  the  trustees, 
certifying  that  they  are  for  books  actually  purchased 
or  contracted  for,  or  for  maps,  globes,  blackboards, 
or  other  apparatus  for  the  use  of  the  school,  duly 
authorized  by  a  vote  of  the  district  to  be  pur- 
chased with  such  moneys,  and  naming  the  books  or 
the  school  apparatus,  and  the  prices. 

3.  In  the  case  of  a  union  free  school  district,  to 
pay  over  all  the  school  money  apportioned  thereto, 
whether  for  the  payment  of  teachers'  wages,  or  as 
library  moneys,  to  the  treasurer  of  such  district,  upon 
the  order  of  its  board  of  education. 

4.  To  keep  a  just  and  true  account  of  all  the 
school  moneys  received  and  disbursed  by  him  during 
each  year,  and  to  lay  the  same,  with  proper  vouchers, 
before  the  board  of  town  auditors  at  each  annual 
meeting  thereof. 

5.  To  have  a  bound  blank  book  (the  cost  of  which 
shall  be  a  town  charge),  and  to  enter  therein  all  his 

*  As  amended  by  section  4,  Chapter  647,  Laws  of  1865. 
4 


2Q  ACT  RELATING  TO 

receipts  and  disbursements  of  school  moneys,  specify- 
ing from  whom  and  for  what  purposes  they  were 
received,  and  to  whom  and  for  what  purposes  they 
were  paid  out ;  and  to  deliver  the  book  to  his  suc- 
cessor in  office. 

6.  Within  fifteen  days  after  the  termination  of  his 
oflice,  to  make  out  a  just  and  true  account  of  all 
school  moneys  theretofore  received  by  him  and  of 
all  disbursements  thereof,  and  to  deliver  the  same  to 
the  town  clerk,  to  be  filed  and  recorded,  and  to  notify 
his  successor  in  oflice  of  such  rendition  and  filing. 

7.  So  soon  as  the  bond  to  the  county  treasurer,  by 
the  third  article  of  the  third  title  of  this  act  required, 
shall  have  been  given  by  him  and  approved  by  the 
treasurer,  to  deliver  to  his  predecessor  the  treasurer's 
certificate  of  these  facts,  to  procure  from  the  town 
clerk  a  copy  of  his  predecessor's  account,  and  to 
demand  and  receive  from  him  any  and  all  school 
moneys  remaining  in  his  hands. 

8.  Upon  receiving  such  a  certificate  from  his  suc- 
cessor, and  not  before,  to  pay  to  him  all  school 
moneys  remaining  in  his  hands,  and  to  forthwith  file 
the  certificate  in  the  town  clerk's  oflice. 

0.  By  his  name  of  office,  when  the  duty  is  not  else- 
where imposed  by  law,  to  sue  for  and  recover  penal- 
ties and  forfeitures  imposed  for  violations  of  this  act, 
and  for  any  default  or  omission  of  any  town  officer 
or  school  district  board  or  officer  under  this  act ;  and 
after  deducting  his  costs  and  expenses,  to  report  the 
balances  to  the  school  commissioner. 

10.  To  act,  when  thereto  legally  required,  in  the 
erection  or  alteration  of  a  school  district,  as  in 
the  sixth  title  of  this  act  provided,  and  to  perform 
any  other  duty  which  may  be  devolved  upon  him  by 
this  act,  or  an}'  other  act  relating  to  common  schools. 


TITLE  V. 

OF  TIIE  DUTIES  OF  THE  TOWN  CLERK  UNDER  THIS  ACT. 

Duties  of         Section  1.  It  shall  be  the  duty  of  the  town  clerk 

town  clerk.     Qf  each  town  . 

1.  Carefully  to  keep  all  books,  maps,  papers  and 
records  of    his    office    touching    common    schools, 


commia- 
BioiH'.rs. 


PUBLIC  INSTRUCTION.  27 

and  forthwith  to  report  to  the  supervisor  any  loss  of 
or  injury  to  any  of  them  which  may  happen. 

2.  To  receive  from  the  supervisor  the  certificates 
of  apportionment  of  school  moneys  to  the  town,  and 
to  record  them  in  a  book  to  be  kept  for  that  purpose. 

3.  Forthwith  to  notify  the  trustees  of  the  several 
school  districts  and  separate  neighborhoods,  of  the 
filing  of  each  such  certificate. 

*4.  To  see  that  the  trustees  of  the  school  districts 
and  separate  neighborhoods  make  and  deposit  with 
him  their  annual  reports  within  the  time  prescribed 
by  law,  and  to  deliver  them  to  the  school  commis- 
sioner on  demand ;  and  to  furnish  the  school  com- 
missioner of  the  school  commissioner  district  in  which  Town  cierk 
his  town  is  situated,  the  names  and  post-office  namesof 
address  of  the  school  district  officers  reported  to  him  K^to 
by  the  district  clerks. 

5.  To  distribute  to  the  trustees  of  the  school  dis- 
tricts and  separate  neighborhoods,  all  blanks  and 
circulars  which  shall  be  delivered  or  forwarded  to  him 
by  the  state  superintendent  or  school  commissioner 
for  that  purpose. 

6.  To  receive  from  the  supervisor,  and  record  in  a 
book  kept  for  that  purpose,  the  annual  account  of  the 
receipts  and  disbursements  of  school  moneys  required 
to  be  submitted  to  the  town  auditors  together  with 
the  action  of  the  town  auditors  thereon,  and  to  send 
a  copy  of  the  account  and  of  the  action  thereon,  by 
mail,  to  the  superintendent  of  public  instruction, 
whenever  required  by  him,  and  to  file  and  preserve 
the  vouchers  accompanying  the  account. 

7.  To  receive  and  to  record,  in  the  same  book,  the 
supervisor's  final  account  of  the  school  moneys 
received  and  disbursed  by  him,  and  deliver  a  copy 
thereof  to  such  supervisor's  successor  in  office. 

8.  To  receive  from  the  outgoing  supervisor,  and 
file  and  record  in  the  same  book,  the  county  treas- 
urer's certificate,  that  his  successor's  bond  has  been 
given  and  approved. 

9.  To  receive,  file  and  record  the  descriptions  of  the 
school  districts  and  neighborhoods,  and  all  papers 
and  proceedings  delivered  to  him  by  the  school 
commissioner  pursuant  to  the  next  title  of  this  act. 


*  As  amended  by  sec.  5,  Chap.  647,  Laws  of  I860. 


28  ACT  RELATING  TO 

10.  To  act,  when  thereto  legally  required,  in  the 
erection  or  alteration  of  a  school  district,  as  in 
the  next  title  of  this  act  provided. 

•11.  To  receive  and  preserve  the  books,  papers  and 
records  of  any  dissolved  school  district,  which  shall 
be  ordered,  as  hereinafter  provided,  to  be  deposited 
in  his  office. 

12.  To  perform  any  other  duty  which  may  be  de- 
volved upon  him  by  this  act,  or  by  any  other  act 
touching  common  schools. 

§  2.  The  necessary  expenses  and  disbursements  of 
the  town  clerk,  in  the  performance  of  said  duties,  are 
a  town  charge,  and  shall  be  audited  and  paid  as  such. 


TITLE  VI. 


Commis- 
sioner's 
duties  in 
respect  to 
school  dis- 
tricts. 


OF  THE  FORMATION,  DISSOLUTION  AND  ALTERATION 
OF  SCHOOL  DISTRICTS  AND  SEPARATE  NEIGHBOR- 
HOODS. 

Section  1.  It  shall  be  the  duty  of  each  school 
commissioner,  in  respect  to  the  territory  within  his 
district  : 

1.  To  divide  it,  so  far  as  practicable,  into  a  conve- 
nient number  of  school  districts,  and  alter  the  same 
as  herein  provided ; 

2.  In  conjunction  with  the  commissioner  or  com- 
missioners of  an  adjoining  school  commissioner  dis- 
trict or  districts,  to  set  off  joint  districts  composed  of 
adjoining  parts  of  their  respective  districts; 

3.  To  set  off  by  itself  any  neighborhood  adjoining 
any  other  state  of  the  Union,  where  it  shall  be  found 
most  convenient  for  the  inhabitants  to  send  their 
children  to  a  school  in  such  adjoining  state  ; 

4.  To  describe  and  number  the  school  districts,  and 
joint  districts,  and  to  deliver,  in  writing,  to  the  town 
clerk,  the  description  and  number  of  each  district 
lying  in  whole  or  in  part  in  his  town,  together  with 
all  notices,  consents  and  proceedings  relating  to  the 
formation  or  alteration  thereof,  immediately  after 
such  formation  or  alteration.  Every  joint  district 
shall  bear  the  same  number  in  every  school  commis- 


*  Original  subdivision  11  struck  out,  by  sec.  18,  Chap.  647,  Laws  of  1865. 


PUBLIC  INSTRUCTION. 


29 


siorter  district  of  whose  territory  it  is  in  part  com- 
posed ; 

5.  To  deliver  to  the  town  clerk  of  the  town  in 
which  it  lies,  in  whole  or  in  part,  a  description  of 
each  such  separate  neighborhood. 

§  2.  With  the  written  consent  of  the  trustees  of  all 
the  districts  to  be  affected  thereby,  he  may,  by  order, 
alter  any  school  district  within  his  jurisdiction,  and 
fix,  by  said  order,  a  day  when  the  alteration  shall 
take  effect ;  but  no  alteration  shall  be  made  to  take 
effect  between  the  first  day  of  April  and  the  thirtieth 
day  of  September  following. 

§  3.  If  the  trustees  of  any  such  district  refuse  to 
consent,  he  may  make  and  file  with  the  town  clerk  his 
order  making  the  alteration,  but  reciting  the  refusal, 
and  directing  that  the  order  shall  not  take  effect,  as 
to  the  dissenting  district  or  districts,  until  a  day 
therein  to  be  named,  between  the  first  day  of  Octo- 
ber and  the  first  day  of  April  thereafter,  and  not  less 
than  three  months  after  the  notice  in  the  next  section 
mentioned. 

*§  4.  Within  ten  days  after  making  and  filing  such 
order,  he  shall  give  at  least  a  week's  notice,  in  writ- 
ing, to  one  or  more  of  the  assenting  and  dissenting 
trustees  of  any  district  or  districts  to  be  affected  by 
the  proposed  alterations,  that  at  a  specified  time  and 
at  a  named  place  within  the  town  in  which  either  of 
the  districts  to  be  affected  lies,  he  will  hear  the  objec- 
tions to  the  alteration.  The  trustees  of  any  district  to 
be  affected  by  such  order,  may  request  the  supervisor 
and  town  clerk  of  the  town  or  towns  within  which 
such  district  or  districts  shall  wholly  or  partly  lie,  to 
be  associated  with  the  commissioner.  At  the  time 
and  place  mentioned  in  the  notice,  the  commissioner 
or  the  commissioners,  with  the  supervisors  and  town 
clerks,  if  they  shall  attend  and  act,  shall  hear  and 
decide  the  matter ;  and  the  decision  shall  be  final, 
unless  duly  appealed  from.  Such  decision  must  either 
confirm  or  vacate  the  order  of  the  commissioner,  and 
must  be  filed  with  and  recorded  by  the  town  clerk  of 
the  town  or  towns  in  which  the  district  or  districts 
affected  shall  lie. 


May  alter 
any  district 
with  the 
consent  of  'J 
trustees. 


When  to 
take  effect. 


Procedure 
on  refusal 
of  trustee  to 
alteration. 


Procedure 
on  the  re- 
fusal of  trus- 
tees to  the 
alteration 
of  a  school 
district. 


*  As  amended  by  sec.  6,  Chap.  617,  Laws  of  1865. 


30 


ACT  RELATING  TO 


Fees  of  su- 
pervisor 
and  town 
clerk. 


Formation 
of  joint  diS' 
tricts. 


Alteration 
or  dissolu- 
tion of  a 
joint  dis- 
trict. 


Consolida- 
tion of  dis- 
tricts. 


Supervisors 
to  sell  prop- 
erty of 
dissolved 
districts. 


Supervisor 
to  sue  for 
outstanding 
moneys. 


5  5.  The  supervisor  and  town  clerk  shall  be  enti- 
tled each  to  one  dollar  and  fifty  cents  a  day,  for  each 
day's  service  in  any  such  matter,  to  be  levied  and 
paid  as  a  charge  upon  their  town. 

§  0.  Whenever  it  may  become  necessary  or  conve- 
nient to  form  a  school  district  out  of  parcels  of  two 
or  more  school  commissioner  districts,  the  commis- 
sioners of  such  districts,  or  a  majority  of  them,  may 
form  such  district;  and  the  commissioners  within 
whose  districts  any  such  school  district  lies,  or  a  ma- 
jority of  them,  may  alter  or  dissolve  it. 

§  7.  If  a  school  commissioner,  by  notice  in  writing, 
shall  require  the  attendance  of.  the  other  commis- 
sioner or  commissioners,  at  a  joint  meeting  for  the 
purpose  of  altering  or  dissolving  such  a  joint  dis- 
trict, and  a  majority  of  all  the  commissioners  shall 
refuse  or  neglect  to  attend,  the  commissioner  or 
commissioners  attending,  or  any  one  of  them,  may 
call  a  special  meeting  of  such  school  district,  for  the 
purpose  of  deciding  whether  or  no  such  district  shall 
be  dissolved;  and  its  decision  of  that  question  shall 
be  as  valid  as  though  made  by  the  commissioners. 

g  8.  When  two  or  more  districts  shall  be  consoli- 
dated into  one,  the  new  district  shall  succeed  to  all 
the  rights  of  property  possessed  by  the  annulled 
districts. 

$  9.  When  a  district  is  parted  into  portions,  which 
are  annexed  to  other  districts,  its  property  shall  be 
sold  by  the  supervisor  of  the  town  within  which  its 
school  house  is  situate,  at  public  auction,  after  at 
least  five  days'  notice,  by  notices  posted  in  three  or 
more  public  places  of  the  town  in  which  the  school 
house  is,  one  of  which  shall  be  posted  in  the  district 
so  dissolved.  The  supervisor,  after  deducting  the 
expenses  of  the  sale,  shall  apply  its  proceeds  to 
the  payment  of  the  debts  of  the  district,  and  appor- 
tion the  residue,  if  any,  among  the  taxable  inhabit- 
ants of  the  district,  in  the  ratio  of  their  several 
assessments  on  the  last  corrected  assessment  roll  or 
rolls  of  the  town  or  towns,  and  pay  it  over  accord- 
ingly. 

§  10.  The  supervisor  of  the  town  within  which  the 
school  house  of  the  dissolved  district  was  situate, 
may  demand,  sue  for,  and  collect,  in  his  name  of 
office,  any  money  of  the  district,  outstanding  in  the 


riJBLIC  INSTRUCTION.  31 

hands  of  any  of  its  former  officers,  or  any  other  per- 
son ;  and,  after  deducting  bis  costs  and  expenses, 
shall  report  the  balance  to  the  school  commissioner, 
who  shall  apportion  the  same  equitably  among  the 
districts  to  which  the  parts  of  the  dissolved  district 
were  annexed,  to  be  by  them  applied  as  their  dis- 
trict meetings  shall  determine. 

§  11.  Though  a  district  be  dissolved,  it  shall  con-  Dissolved 
tinue  to  exist  in  law,  for  the  purpose  of  providing  SiliL 
for  and  paying  all  its  just  debts;  and  to  that  end,  mentonu 
the  trustees  and  other  officers  shall  continue  in  office,  affair8- 
and  the  inhabitants  may  hold  special  meetings,  elect 
officers  to  supply  vacancies,  and  vote  taxes;  and  all 
other  acts  necessary  to  raise  money  and  pay  such 
debts,  shall  be  done  by  the  inhabitants  and  officers 
of  the  district. 

5  12.  The  commissioner,  or  a  majority  of  the  com-  Records, 
missioners  in  whose  district  or  districts  a  dissolved  deposited 
school   district  was,  shall  by  his  or  their   order  in  derk.town 
writing,  delivered  to  the  clerk  of  the  district,  or  to 
any  person  in  whose   possession  the  books,  papers 
and  records  of  the  district,  or  any  of  them,  may  be, 
direct  such  clerk  or  other  person  to  deposit  the  same 
in  the  clerk's  office  in  a  town  in  the  order  named. 
Such  clerk  or  other  person,  by  a  neglect  or  refusal  penalty  for 
to  obey  the  order,   shall  forfeit  fifty  dollars,  to  be  refusaL 
applied  to  the  benetit  of  common   schools  of  said 
town.     The  commissioner  or  com  missioners  shall  file 
a  duplicate  of  the  order  with  such  clerk. 


TITLE  VII. 

OF  SCnOOL  DISTRICT  AND  NEIGHBORHOOD  MEETINGS, 
AND  OF  THE  CHOICE,  DUTIES  AND  POWERS  OF 
SCHOOL  DISTRICT  AND  NEIGHBORHOOD  OFFICERS. 

FIRST  ARTICLE. 

Of  school  district  and  neighborhood  meetings,  the  voters 
and  their  powers  generally. 

Section  1.  Whenever  any  school  district  or  sepa-  commis- 
rate  neighborhood  shall  be  formed,  the  commissioner  describe0 
or  any  one  or  more  of  the   commissioners,  within  ^appoint 

me  for 
iuoet- 


whose  district  or  districts  it  may  be,  shall  prepare  a  •* 
notice  describing  such  district  or  neighborhood,  and  tag. 


32 


ACT  RELATING  TO 


Notice  of 
such  meet- 
ing. 


Notice  of 
such  meet- 


When  com- 
missioner 
may  call 
meetiDg. 


Penalty  for 
refusal  to 
give  notice. 


Special 

meetings. 


appointing  a  time  and  place  for  the  first  district  or 
neighborhood  meeting,  and  deliver  such  notice  to  a 
taxable  inhabitant  of  the  district  or  neighborhood. 

g  2.  It  shall  be  the  duty  of  snch  inhabitant  to 
notify  every  other  inhabitant  of  the  district  or 
neighborhood,  qualified  to  vote  at  the  meeting,  by 
reading  the  notice  in  his  hearing,  or  in  case  of  his 
absence  from  home,  by  leaving  a  copy  thereof,  or  so 
much* thereof  as  relates  to  the  time,  place  and  object 
of  the  meeting,  at  the  place  of  his  abode  at  least  six 
days  before  the  time  of  the  meeting. 

<§  3.  In  case  snch  meeting  shall  not  be  held,  and 
in  the  opinion  of  the  commissioner,  it  shall  be  neces- 
sary to  hold  such  meeting  before  the  time  herein 
fixed  for  the  first  annual  meeting,  he  shall  deliver 
another  such  notice  to  a  taxable  inhabitant  of  the 
district  or  neighborhood,  who  shall  serve  it  as  here- 
inbefore provided. 

%  4.  When  the  clerk  and  all  the  trustees  of  a  school 
district  shall  have  removed  from  the  district,  or  their 
office  shall  be  vacant,  so  that  a  special  meeting  can- 
not be  called,  as  hereinafter  provided,  the  commis- 
sioner may  in  like  manner  give  notice  of  and  call  a 
special  district  meeting. 

$  5.  Every  taxable  inhabitant  to  whom  a  notice  of 
any  district  meeting  shall  be  delivered  for  service, 
pursuant  to  any  provision  of  this  article,  who  shall 
refuse  or  neglect  to  serve  the  same,  as  hereinbefore 
prescribed,  shall  forfeit  five  dollars  for  the  benefit  of 
the  district. 

§  G.  A  special  district  meeting  shall  be  held  when- 
ever called  by  the  trustees.  The  notice  thereof  shall 
state  the  purpose  for  which  it  is  called ;  and  the  dis- 
trict clerk,  or  if  the  office  be  vacant,  or  he  be  sick  or 
absent,  or  shall  refuse  to  act,  a  trustee  or  some  taxa- 
ble inhabitant,  by  order  of  the  trustees,  shall  serve 
the  notice  upon  each  inhabitant  of  the  district  quali- 
fied to  vote  at  district  meetings,  at  least  five  days 
before  the  day  of  the  meeting,  in  the  manner  pre- 
scribed in  the  second  section  of  this  title.  But  the 
inhabitants  of  any  district  may,  at  any  annual  meet- 
ing, adopt  a  resolution  prescribing  some  other  mode 
of  giving  notice  of  special  meetings,  which  resolution 
and  the  mode  thereby  prescribed,  shall  continue  iu 


PUBLIC  INSTRUCTION". 


S3 


force  until  rescinded  or  modified  at  some  subsequent 
annual  meeting. 

§  7.  The  proceedings  of  no  neighborhood  or  dis- 
trict meeting-,  annual  or  special,  shall  be  held  illegal 
for  want  of  a  due  notice  to  all  the  persons  qualified 
to  vote  thereat,  unless  it  shall  appear  that  the  omis- 
sion to  give  such  notice  was  willful  and  fraudulent. 

*§  8.  The  annual  meeting  of  each  neighborhood 
shall  be  held  on  the  second  Tuesday  of  October  in 
each  year,  at  the  hour  and  place  fixed  by  the  last 
previous  neighborhood  meeting ;  or,  if  such  hour 
and  place  has  not  been  so  fixed,  then  at  the 
hour  and  place  of  such  last  meeting :  or  if  such 
place  be  no  longer  accessible,  then  at  such  other  place 
as  the  trustees,  or  if  there  be  be  no  trustees,  the  clerk 
shall  in  the  notices  designate. 

g  9.  An  annual  meeting  of  each  school  district 
shall  be  held  on  the  second  Tuesday  of  October  in 
each  year,  and  unless  the  hour  aud  the  place  therefor 
shall  have  been  fixed  by  the  vote  of  a  previous  dis- 
trict meeting,  the  same  shall  be  held  in  the  school 
house  at  seven  o'clock  in  the  evening.  If  a  district 
possess  more  than  one  school  house,  it  shall  be  held 
in  the  one  usually  employed  for  that  purpose,  unless 
the  trustees  designate  another. 

5  10.  Whenever  the  time  for  holding  the  annual 
meeting  in  school  districts  shall  pass  without  such 
meeting  being  held  in  any  district,  a  special  meeting 
shall  thereafter  be  called  by  the  trustees  or  by  the 
clerk  of  such  district,  for  the  purpose  of  transacting 
the  business  of  the  aunual  meeting ;  and  if  no  such 
meeting  be  called  by  the  trustees  or  the  clerk  within 
twenty  days  after  such  time  shall  have  passed,  the 
supervisor  or  the  superintendent  of  public  instruction 
may  order  any  inhabitant  of  such  district  to  give 
notice  of  such  meeting  in  the  manner  provided  in 
the  second  section  of  this  title,  and  the  officers  of  the 
district  shall  make  to  such  meeting  the  reports 
required  to  be  made  at  the  annual  meeting,  subject 
to  the  same  penalty  in  case  of  neglect ;  and  the  offi- 
cers elected  at  such  meeting  shall  hold  their  respect- 
ive offices  only  until  the  next  annual  meeting  and 


Proceedings 
legal  except 

ill  Cage  of 

fraudulent 
neglect. 


Time  of  an- 
nual meet- 
ing in 
neighbor- 
hood. 


Holding  an- 
nual school 
meeting. 


Annual 

district 
meetings. 


Procedure 
when  the 
annual 
meeting  has 
not  been 
held. 


*  As  amended  by  sec.  7,  Chap.  (J  17,  Laws  of  180-3. 


34 


ACT  RELATING  TO 


Voters, 
their  quali- 
fications. 


Unqualified 
voters. 


Illegal  vot- 
ing, &c. 


Powers  of 
neighbor- 
hood meet- 
ing. 


until   their  successors   are  elected  and  shall  have 
qualified  as  in  this  act  provided. 

§  11.  Whenever  any  district  or  neighborhood  meet- 
ing shall  be  duly  called,  it  shall  be  the  duty  of  the 
inhabitants  qualified  to  vote  thereat  to  assemble  at 
the  time  and  place  fixed  for  the  meeting. 

§  12.  Every  male  person  of  full  age  residing  in  any 
neighborhood  or  school  district,  and  entitled  to  hold 
lands  in  this  state,  who  owns  or  hires  real  property 
in  such  neighborhood  or  district  subject  to  taxation 
for  school  purposes,  and  every  resident  of  such  neigh- 
borhood or  district  authorized  to  vote  at  town  meet- 
ings of  the  town  in  which  he  resides,  and  who  has 
paid  any  rate  bill  for  teachers'  wages  in  such  district 
within  one  year  preceding,  or  who  owns  any  personal 
property  liable  to  be  taxed  for  school  purposes  in  any 
such  district  exceeding  fifty  dollars  in  value,  exclusive 
of  such  as  is  exempt  from  execution,  and  no  other 
shall  be  entitled  to  vote  at  any  school  meeting  held 
in  such  neighborhood  or  district. 

§  13.  If  any  person  offering  to  vote  at  any  neigh- 
borhood or  school  district  meeting  shall  be  challenged 
as  unqualified,  by  any  legal  voter  in  such  neighbor- 
hood or  district,  the  chairman  presiding  at  such 
meeting  shall  require  the  person  so  offering  to  make 
the  following  declaration:  "I  do  declare  and  affirm 
that  I  am  an  actual  resident  of  this  school  district 
(or  separate  neighborhood),  and  that  I  am  qualified 
to  vote  at  this  meeting."  And  every  person  making 
such  declaration  shall  be  permitted  to  vote  on  all 
questions  proposed  at  such  meeting ;  but  if  any  per- 
son shall  refuse  to  make  such  declaration,  his  vote 
shall  be  rejected. 

§  14.  Any  person  who,  upon  being  so  challenged, 
shall  willfully  make  a  false  declaration  of  his  right  to 
vote  at  any  such  meeting,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  punished  by  imprisonment  in  the 
county  jail  for  not  less  than  six  months  nor  more  than 
one  year.  And  any  person  not  qualified  to  vote  at  any 
such  meeting  who  shall  vote  thereat,  shall  thereby 
forfeit  five  dollars,  to  be  sued  for  by  the  supervisors 
for  the  benefit  of  the  common  schools  of  the  town. 

§  15.  The  inhabitants  of  any  neighborhood  enti- 
tled to  vote,  when  assembled  in  any  annual  meeting 
or  any  other  neighborhood  meeting  duly  called  by 


PUBLIC  INSTRUCTION".  35 

the  commissioner,  pursuant  to  the  first  or  third  sec- 
tions of  this  title,  shall  have  power,  by  a  majority  of 
the  votes  of  those  present : 

1.  To  appoint  a  chairman  for  the  time  being. 

2.  To  choose  a  neighborhood  clerk  and  one  trustee, 
and  to  fill  vacancies  in  office. 

g  16.  The  inhabitants  so  entitled  to  vote,  when  Powers  of 
duly  assembled  in  any  district  meeting,  shall  have  mSg. 
power,  by  a  majority  of  the  votes  of  those  present : 

1.  To  appoint  a  chairman  for  the  time  being. 

2.  If  the  district  clerk  be  absent,  to  appoint  a  clerk 
for  the  time. 

3.  To  adjourn  from  time  to  time,  as  occasion  may 
require. 

4.  To  choose  one  or  three  trustees  as  hereinafter 
provided,  a  district  clerk,  a  district  collector,  a  libra- 
rian, at  their  first  meeting,  and  so  often  as  such  offices 
or  any  of  them  become  vacated,  except  as  hereinaf- 
ter provided. 

5.  To  fix  the  amount  in  which  the  collector  shall 
give  bail  for  the  due  and  faithful  performance  of  the 
duties  of  his  office. 

G.  To  designate  a  site  for  a  school  house,  or,  with 
the  consent  of  the  commissioner  or  commissioners 
within  whose  district  or  districts  the  school  district 
lies,  to  designate  sites  for  two  or  more  school  houses 
for  the  district. 

7.  To  vote  a  tax  upon  the  taxable  property  of  the  Tax  for 
district  to  purchase  or  lease  such  site  or  sites,  and  to  cKna 
hire,   build  or   purchase   such   school   houses,    and  "***"• 
to  keep  in  repair  and  furnish  the  same  with  neces- 
sary fuel  and  appendages. 

8.  To  vote  a  tax,  not  exceeding  twenty-five  dollars  Tax  for  sp- 
in any  one  year,  for  the  purchase  of  maps,  globes,  text-books.3 
blackboards,  and  other  school  apparatus,  and  for  the 
purchase  of  text-books  and  other  school  necessaries 

for  the  use  of  poor  scholars  of  the  district. 

9.  To  vote  a  tax,  not  exceeding  ten  dollars  in  any  Tax  for 
one  year,  for  the  purchase  of  such  books  as  they  shall  library1. 
direct  for  the  district  library,  and  such  further  sum 

as  they  may  deem  necessary  for  the  purchase  of  a 
bookcase. 

10.  To  vote  a  tax  to  supply  a  deficiency  in  any  Fordea- 
former  tax,  arising  from  such  tax  being,  in  whole  or 

in  part,  uncollectible. 


36 


ACT  RELATING  TO 


Insurance 
on  school 
house. 


Tax  for  con- 
tingencies. 


11.  To  authorize  the  trustees  to  cause  the  school 
house  or  school  houses,  and  their  furniture,  append- 
ages and  school  apparatus  to  be  insured  by  any  insur- 
ance company  created  by  or  under  the  laws  of  this 
state. 

12.  To  alter,  repeal  and  modify  their  proceedings 
from  time  to  time,  as  occasion  may  require. 

13.  To  vote  a  tax  for  the  purchase  of  a  book  for 
the  purpose  of  recording  their  proceedings. 

14.  To  vote  a  tax  to  replace  moneys  of  the  district, 
lost  or  embezzled  by  district  officers  ;  and  to  pay  the 
reasonable  expenses  incurred  by  district  officers  in 
defending  suits  or  appeals  brought  against  them  for 
their  official  acts,  or  in  prosecuting  suits  or  appeals 
by  direction  of  the  district  against  other  parties. 

15.  To  vote  a  tax,  not  exceeding  twenty-five  dol- 
lars in  each  year,  for  anticipated  deficiencies  or 
contingencies,  or  to  pay  the  wages  of  teachers  in 
anticipation  of  the  ordinary  collections  for  that  pur- 
pose, to  be  replaced  by  such  collections  when  made. 


School 
house,  loca- 
tion of. 


Tax  for 
school 
house,  if 
over  $800, 
must  be 
approved  by 
the  commis- 
sioner. 


Tax  may  be 
raised  by  in- 
stallments. 


SECOND   ARTICLE. 

Of  district  school  houses  and  sites. 

§  17.  No  school  house  shall  be  built  so  as  to  stand, 
in  whole  or  in  part,  upon  the  division  line  of  any  two 
towns. 

§  18.  No  tax  voted  by  a  district  meeting  for  build- 
ing, hiring  or  purchasing  a  school  house,  exceeding 
the  sum  of  eight  hundred  dollars,  shall  be  levied  by 
the  trustees,  unless  the  commissioner,  in  whose  dis- 
trict the  school  house  of  said  district  is  situate,  shall 
certify  in  writing,  his  approval  of  such  larger  sum. 

§  19.  Whenever  a  majority  of  all  the  inhabitants 
of  any  school  district  entitled  to  vote,  to  be  ascer- 
tained by  taking  and  recording  the  ayes  and  noes  of 
such  inhabitants  attending  at  any  annual,  special  or 
adjourned  school  district  meeting  legally  called  or 
held,  shall  determine  that  the  sum  proposed  and  pro- 
vided for  in  the  next  preceding  section  shall  be  raised 
by  installments,  it  shall  be  the  duty  of  the  trustees 
of  such  district,  and  they  are  hereby  authorized,  to 
cause  the  same  to  be  raised,  levied  and  collected  in 
equal  annual  installments,  in  the  same  manner  and 
with  the  like  authority  that  other  school  district  taxes 


PUBLIC  INSTRUCTION". 


37 


are  raised,  levied  and  collected,  and  to  make  out  their 
tax  list  and  warrant  for  the  collection  of  such  install- 
ments, with  interest  thereon  as  they  become  payable, 
according  to  the  vote  of  the  said  inhabitants ;  but 
the  payment  or  collection  of  the  last  installment  shall 
not  be  extended  beyond  five  years  from  the  time  such 
vote  was  taken  ;  and  no  vote  to  levy  any  such  tax 
shall  be  reconsidered  except  at  an  adjourned,  general 
or  special  meeting,  to  be  held  within  thirty  days 
thereafter,  and  the  same  majority  shall  be  required 
for  reconsideration  that  was  had  to  impose  such  tax. 

*3  20.  So  long  as  a  district  shall  remain  unaltered,   Provisions 
the  site  of  a  school  house  owned  by  it,  upon  which  chanferofto 
there  is  a  school  house  erected  or  in  process  of  erec-  house^ite. 
tion,  shall  not  be  changed,  nor  snch  school  house  be 
removed,  unless  by  the  consent,  in  writing,  of  the 
supervisor  or  supervisors  of  the  town  or  towns  within 
which  snch  district  shall  be  situated,  stating  that,  in 
his  or  their  opinion  such  removal  is  necessary ;  nor 
with  such  consent,  unless  a  majority  of  all  the  legal 
voters   of  said   district,   present   and  voting,  to  be 
ascertained  by  taking  and  recording  the  ayes  and 
noes,  at  a  special  meeting  called  for  that  purpose, 
shall  be  in  favor  of  such  new  site. 

§  21.  Whenever  the  site  of  a  school  house  shall 
have  been  changed,  as  herein  provided,  the  inhabit- 
ants of  a  district  entitled  to  vote,  lawfully  assembled 
at  any  district  meeting,  shall  have  power,  by  a  ma- 
jority of  the  votes  of  those  present,  to  direct  the  sale 
of  the  former  site  or  lot,  and  the  buildings  thereon 
and  appurtenances,  or  any  part  thereof,  at  such  price 
and  upon  such  terms  as  they  shall  deem  proper ;  and 
any  deed  duly  executed  by  the  trustees  of  such  dis- 
trict, or  a  majority  of  them,  in  pursuance  of  such 
direction,  shall  be  valid  and  effectual  to  pass  all  the 
estate  or  interest  of  such  school  district  in  the  pre- 
mises, and  when  a  credit  shall  be  directed  to  be  given 
upon  such  sale  for  the  consideration  money,  or  any 
part  thereof,  the  trustees  are  hereby  authorized  to 
take  in  their  corporate  name  such  security,  by  bond 
and  mortgage  or  otherwise,  for  the  payment  thereof, 
as  they  shall  deem  best,  and  shall  hold  the  same  as  a 
corporation,  and  account  therefor,  to  their  successors 


Proceedings 
for  the  sale 
of  lot  and 
appurten- 
ances. 


*  As  amended  by  sec.  8,  Chap.  <M7,  Laws  of  1865. 


38 


ACT  RELATING  TO 


Moneys 
arising  from. 
the  sale  to 
be  applied 
to  new 
houses,  &c. 


in  office  and  to  the  district,  in  the  manner  thev  are 
now  required  by  law  to  account  for  moneys  received 
by  them  ;  and  the  trustees  of  any  such  district  for  the 
time  being-  may,  in  their  name  of  office,  sue  for  and 
recover  the  moneys  due  and  unpaid  upon  any  secur- 
ity so  taken  by  them  or  their  predecessors. 

§  22.  All  moneys  arising  from  any  sale  made  in 
pursuance  of  the  last  preceding  section,  shall  be 
applied  to  the  expenses  incurred  in  procuring  a  new 
site,  and,  in  removing  or  erecting  thereon  a  school- 
house,  and  improving  and  furnishing  such  site  and 
house,  aiul  their  appendages,  so  far  as  such  applica- 
tion shall  be  necessary ;  and  the  surplus,  if  any,  shall 
be  devoted  to  the  purchase  of  school  apparatus  and 
the  support  of  the  school,  as  the  inhabitants  at  any 
annual  meeting  shall  direct. 


Trustee, 
who  may 
Dot  hold  the 
office  of. 


District 
officer  must 
reside  in  the 
district. 

Terms  of 

office. 


Officers  of 
new  dis- 
tricts. 


THIRD   ARTICLE. 

Of  the  qualification,  election,  choice  and  terms  of  office 
of  district  and  neighborhood  officers,  and  of  vacancies 
in  such  offices. 

§  23.  No  school  commissioner  or  supervisor  is 
eligible  to  the  office  of  trustee,  nor  can  either  be  a 
member  of  any  board  of  education  within  his  district 
or  town  ;  and  no  trustee  can  hold  the  office  of  dis- 
trict clerk,  collector  or  librarian, 

§  24.  Every  district  and  neighborhood  officer  must 
be  a  resident  of  his  district  and  neighborhood,  and 
qualified  to  vote  at  its  meetings. 

§  25.  From  one  annual  meeting  to  the  next  is  a 
year,  within  the  meaning  of  the  following  provisions  : 
The  term  of  office  of  a  trustee  of  a  neighborhood, 
and  a  sole  trustee  of  a  district  is  one  year.  The  full 
term  of  a  joint  trustee  is  three  years,  but  a  joint 
trustee  may  be  elected  for  one  or  for  two  years,  as 
herein  provided.  The  term  of  office  of  all  other  dis- 
trict and  neighborhood  officers  is  one  year.  Every 
district  and  neighborhood  officer  shall  hold  his  office 
unless  removed,  during  his  term  of  office,  and  until 
his  successor  shall  be  elected  or  appointed. 

§  26.  The  terms  of  all  officers  elected  at  the 
first  meeting  of  a  newly  erected  neighborhood  or  dis- 
trict, except  of  a  union  free  school  district,  shall 


PUBLIC  INSTRUCTION.  39 

expire    on   the   second    Tuesday   of   October,   next 
thereafter. 

§  27.  On  the  second  Tuesday  of  October  next  after  Trustees, 
the  erection  of  a  district,  at  its  first  annual  meet-  efedfoaeor 
ing,  the  electors  shall  determine,  by  resolution,  wheth-  three- 
er  the  district  shall  have  one  or  three  trustees,  and  if 
the}'  resolve  to  have  three  trustees  shall  elect  the 
three  for  one,  two  and  three  years  respectively,  and 
shall  designate,  by  their  votes,  for  which  term  each  is 
elected.  Thereafter,  in  such  district,  one  trustee  shall 
be  elected  at  each  annual  meeting  to  fill  the  office  of 
the  outgoing  trustee.  The  electors  of  any  district 
having  three  trustees,  shall  have  power  to  decide,  by 
resolution,  at  any  annual  meeting,  whether  the  dis- 
trict shall  have  a  sole  trustee  or  three  trustees,  and  if 
they  resolve  to  have  a  sole  trustee,  the  trustee  or  trus- 
tees in  office  shall  continue  in  office  until  their  term 
or  terms  of  office  shall  expire,  and  no  election  of  a  trus- 
tee shall  be  had  in  the  district  until  the  offices  of  such 
trustee  or  trustees  shall  become  vacant  by  the  expira- 
tion of  their  terms  of  office  or  otherwise,  and  thereaf- 
ter but  one  trustee  shall  be  elective  for  said  district. 

§  28.  It  shall  be  the  duty  of  the  district  clerk,  and  cierkto 
of  the  neighborhood  clerk,  or  of  any  person  who  shall  cere  oftbiir 
act  as  clerk  at  any  district  or  neighborhood  meeting,  electl0U- 
when  any  officer  shall  be  elected,  to  forthwith  give 
the  person  elected   notice   thereof  in   writing  ;  and 
such  person  shall  be  deemed  to  have  accepted  the 
office,  unless  within  five  days  after  the  service  of 
such  notice,  he  shall  file  his  written  refusal  of  it  with 
the  clerk. 

5  29.  The  collector  vacates  his  office  by  not  execut-  collector 
ing  a  bond  to  the  trustees,  as  hereinafter  required,  oacebynot 
and  the  trustees  may  supply  the  vacancy.  bondUm° 

§  30.  In  case  the  office  of  a  trustee  shall  be  vacated  vacancy  in 
by  his  death,  refusal   to   serve,  incapacity,  removal  trustee, 
from  the  district  or  neighborhood,  or  by   his  being  howU1Ied- 
removed  from  the  office,  or  in  any  other  manner,  and 
the  vacancy  be  not  supplied  by  a  district  or  neigh- 
borhood meeting  within   one  month   thereafter,  the 
supervisor  of  I  ho  town  within  which  the  school  house 
or  principal  school  house,  of  the  district  is,  or  within 
which  the  neighborhood  or  any  part  thereof  is,  may, 
by  a  writing  under  his  hand,  appoint  a  competent 
person  to  fill  it. 


40 


ACT  RELATING  TO 


Neglect  of 
duty  or  re- 
fusal to 
Ben  e,  va- 
cates office. 


Trustees 
may  till  va- 
cancies in 
other 

offices. 


Appoint- 
ment to  be 
tiled  with 
district 
clerk. 


Penalty  for 
refusal  to 
serve  or 
neglect  of 
duty. 


Supervisor 
may  accept 
the"  resigna- 
tion. 


It  may  he 
made  to  a 
district 
meeting. 


§31.  A  trustee  who  publicly  declares  that  he  will 
not  accept  or  serve  in  the  office  of  trustee,  or  who 
refuses  or  neglects  to  attend  three  successive  meet- 
ings of  the  board,  of  which  he  is  duly  notified,  with- 
out rendering  a  good  and  valid  excuse  therefor  to 
the  other  trustees,  or  trustee,  where  there  are  but 
two,  vacates  his  office  by  refusal  to  serve. 

§  32.  Any  vacancy  in  the  office  of  district  clerk, 
collector,  or  librarian,  may  be  supplied  by  appoint- 
ment under  the  hands  of  the  trustees  of  the  district, 
or  a  majority  of  them,  and  the  appointees  shall  hold 
their  respective  offices  until  the  next  annual  meeting' 
of  the  district,  and  until  others  are  elected  and  take 
their  places. 

§  33.  Every  appointment  to  fill  a  vacancy  shall  be 
forthwith  filed  by  the  supervisor  or  trustees  making 
it  in  the  office  of  the  district  clerk,  who  shall  imme- 
diately give  notice  of  the  appointment  to  the  person 
appointed. 

§  34.  Every  person  chosen  or  appointed  to  a  school 
district  office,  who,  being  duly  qualified  to  fill  the 
same,  shall  refuse  to  serve  therein,  shall  forfeit  five 
dollars;  and  every  person  so  chosen  or  appointed, 
who,  not  having  refused  to  accept  the  office,  shall 
willfully  neglect  or  refuse  to  perform  any  duty 
thereof,  shall  by  such  neglect  or  refusal  vacate  his 
office  and  shall  forfeit  the  sum  of  ten  dollars.  These 
penalties  are  for  the  benefit  of  the  common  schools 
of  the  town. 

§  35.  But  the  supervisor  of  the  town  wherein  any 
such  person  resides,  may  accept  his  written  resigna- 
tion of  the  office,  and  the  filing  of  such  resignation 
and  acceptance  in  the  office  of  the  district  clerk 
shall  be  a  bar  to  the  recovery  of  either  penalty  in 
the  last  preceding  section  mentioned ;  or  such  resig- 
nation may  be  made  to  and  accepted  by  a  district 
meeting. 


FOUKTH   ARTICLE. 

Of  the  duties  of  the  neighborhood  cleric,  and  of  the 
district  clerk  and  librarian. 

Duty  of  §36.  The  neighborhood  clerk  shall  keep  a  record 

neighbor-      0f  the  proceedings  of  his  neighborhood,  and  of  the 

hood  clerk.  '  ©  tit  t 

reports  ot  the  trustees,  and  deliver  the  same  to  his 


PUBLIC  INSTRUCTION.  41 

successor.  In  case  such  neighborhood  shall  be  an- 
nexed to  a  district  within  the  state,  its  records  shall 
be  filed  in  the  office  of  the  clerk  of  such  district. 

Q\  37.  It  shall  be  the   duty  of  the  clerk  of  each  cierk  of 

i         -i    j  •    .    •  school  di3- 

SChoOl  district  :  trict,  his 

1.  To  record  the  proceedings  of  his  district  in  a  dutiea" 
book  to  be  provided  for  that  purpose  by  the  district, 

and  to  enter  therein  true  copies  of  all  reports  made 
by  the  trustees  to  the  school  commissioner. 

2.  To  give  notice,  in  the  manner  prescribed  by  the 
sixth  section  of  this  title,  or  by  the  inhabitants,  pur- 
suant to  such  section,  of  the  time  and  place  of 
holding  special  district  meetings  called  by  the  trus- 
tees. 

3.  To  affix  a  notice  in  writing  of  the  time  and 
place  of  any  adjourned  meeting,  when  the  meeting 
shall  have  been  adjourned  for  a  longer  time  than 
one  month,  in  at  least  four  of  the  most  public  places 
of  such  district,  at  least  five  days  before  the  time 
appointed  for  such  adjourned  meeting. 

4.  To  give  the  like  notice  of  every  annual  district 
meeting. 

*  5.  To  give  notice  immediately  to  every  person  District 
elected  or  appointed  to  office  of  his  election  or  ap-  report0 
pointment;  and  also  to  report  to  the  town  clerk  of   eXoiom- 
the  town  in  which  the  school  house  of  his  district  is  cieeri^otow11 
situated,  the  names  and  post-office  address  of  such 
officers,  under  a  penalty  of  five  dollars  for  neglect  in 
each  instance. 

G.  To  notify  the  trustees  of  every  resignation  duly 
accepted  by  the  supervisor. 

7.  To  keep  ami  preserve  all  records,  books  and 
papers  belonging  to  his  office,  and  to  deliver  the 
same  to  his  successor.  For  a  refusal  or  neglect  so 
to  do,  he  shall  forfeit  fifty  dollars  for  the  benefit  of 
the  district,  to  be  recovered  by  the  trustees. 

8.  In  case  his  district  shall  be  dissolved,  to  obey 
the  order  of  the  commissioner  or  commissioners  as 
to  depositing  the  books,  papers  and  records  of  his 
office  in  the  town  clerk's  office. 

9.  To  attend  all  meetings  of  the  board  of  trustees 
when  notified,  and  keep  a  record  of  their  proceed- 
ings in  a  book  provided  for  that  purpose. 

*  As  amended  by  sec.  10,  Chap.  017,  Laws  of  1805. 

6 


42 


ACT  RELATING  TO 


10.  To  call  special  meetings  of  the  inhabitants 
whenever  all  the  trustees  of  the  district  shall  have 
vacated  their  oflice. 

$  38.  The  librarian,  subject  to  the  provisions  of 
this  act,  shall  have  the  charge  and  supervision  of  the 
district  library. 


Schools  free 
to  pupils 
over  five 
and  under 
twenty-one 
years. 
Non-resid- 
ents may  be 
admitted. 


No  Indian 
pupils  ad- 
mitted. 


Qualified 
teachers, 
what  con- 
stitutes. 


School 
moneys  or 
rate  bids 
payable 
only  to 
qualified 
teachers. 


Their  pay- 
ment to 
unqualified 
teachers  a 
misde- 
meanor. 


FIFTH  ARTICLE. 

Of  the  pupils  and  teachers. 

§  39.  Common  schools  in  the  several  school  dis- 
tricts of  this  state  shall  be  free  to  all  persons  over 
live  and  under  twenty-one  years  of  age  residing  in 
the  district,  as  hereinafter  provided;  but  non-resi- 
dents of  a  district,  if  otherwise  competent,  may  be 
admitted  into  the  school  of  a  district,  with  the  writ- 
ten consent  of  the  trustees,  or  of  a  majority  of  them, 
upon  such  terms  as  the  trustees  shall  prescribe. 

g  40.  If  a  school  district  include  a  portion  of  an 
Indian  reservation,  whereon  a  school  for  Indian  child- 
ren has  been  established  by  the  superintendent  of 
public  instruction,  and  is  taught,  the  school  of  the 
district  is  not  free  to  Indian  children  resident  in 
the  district  or  on  the  reservation,  nor  shall  they  be 
admitted  to  such  school  except  by  permission  of  the 
superintendent. 

§  41.  No  teacher  is  a  qualified  one,  within  the 
meaning  of  this  act,  unless  he  possesses  an  unan- 
nulled  diploma  granted  to  him  by  the  state  normal 
school,  or  an  unrevoked  and  unannulled  certificate 
of  qualification  given  to  him  by  the  superintendent  of 
public  instruction,  or  an  unexpired  certificate  of  qual- 
ification given  to  him  by  the  school  commissioner 
within  whose  district  he  is  employed,  or  by  the  school 
officer  of  the  city  or  village  in  which  he  is  employed, 
authorized  by  special  act  to  grant  such  certificate. 

§  42.  No  part  of  the  school  moneys  apportioned  to 
a  district  can  be  applied  or  be  permitted  to  be  applied 
to  the  payment  of  the  wages  of  an  unqualified 
teacher;  nor  can  his  wages,  or  any  part  of  them,  be 
collected  by  a  rate  bill. 

§  43.  Any  trustee  who  applies,  or  directs,  or  con- 
sents to  the  application  of  any  such  money  to  the 
payment  of  an  unqualified  teacher's  wages,  thereby 
commits  a  misdemeanor ;  and  any  fine  imposed  upon 


PUBLIC  INSTRUCTION. 


43 


him  therefor  shall  be  for  the  benefit  of  the  common 
schools  of  the  county. 

§  44.  Teachers  shall  keep,  prepare  and  enter  in 
the  books  provided  for  that  purpose,  the  school  lists 
and  accounts  of  attendance  hereinafter  mentioned,  and  tendance 
shall  be  responsible  for  their  safe  keeping  and  deliv- 
ery to  the  clerk  of  the  district  at  the  close  of  their 
engagements  or  terms. 


Teachers 
to  keep 

lists  01  at- 


SIXTH  ARTICLE. 

Of  the  trustees,  their  powers  and  duties:  and  herein  of 
rate  hills,  school  taxes  and  annual  reports. 

g  45.  All  property  which  is  now  vested  in,  or  shall 
hereinafter  be  transferred  to,  the  trustee  or  trustees 
of  a  district,  for  the  use  of  schools  in  the  district, 
shall  be  held  by  him  or  them  as  a  corporation. 

§  46.  A  sole  trustee  of  the  district  shall  have  all 
the  powers,  and  be  subject  to  all  the  duties,  liabilities 
and  penalties  conferred  and  imposed  by  law  upon  or 
against  any  trustee  or  trustees,  or  the  majority  of  the 
trustees,  of  a  district. 

g  47.  The  trustees  of  a  district  compose  a  board, 
and  when  two  onlj-  meet  to  deliberate  upon  a  mat- 
ter, and  the  third,  if  notified,  does  not  attend,  or  the 
three  meet  and  deliberate  thereon,  the  conclusion  of 
two  upon  the  matter,  and  their  order,  act  or  proceed- 
ing in  relation  thereto,  shall  be  as  valid  as  though  it 
were  the  conclusion,  order,  act  or  proceeding  of  the 
three ;  and  a  recital  of  the  two  in  their  minute  of 
the  conclusion,  act  or  proceeding,  or  in  their  order, 
act  or  proceeding  of  the  fact  of  such  notice,  or  of 
such  meeting  or  deliberation,  shall  be  conclusive 
evidence  thereof.  A  meeting  of  the  board  may  be 
ordered  by  any  member  thereof,  by  giving  not  less 
than  twenty-four  hours'  notice  of  the  same. 

§  48.  While  there  is  one  vacancy  in  the  office  of 
trustee,  the  two  trustees  have  all  the  powers  and  are 
subject  to  all  the  duties  and  liabilities  of  the  three. 
And  while  there  are  two  such  vacancies,  the  trustee 
in  office  shall  have  all  the  powers  and  be  subject  to 
all  the  duties  and  liabilities  of  the  three,  as  though 
he  were  a  sole  trustee. 

§  49.  It  shall  be  the  duty  of  the  trustees  of  every 
school  district,  and  they  shall  have  power  : 


Trnsteea 
hold  dis- 
trict prop- 
erty as  a 
corpora- 
tion. 

A  sole  trus- 
tee has  the 
same  power 
as  a  board. 


Trustees 
must  meet 
for  official 
action. 


Any  mem- 
ber of  the 
board  may 
call  a  meet- 
ing. 

When  there 
are  vacan- 
cies in  the 
board,  the 
remaining    . 
trustee  or 
trustees 
may  act. 


Powers 

and  duties 
of  trustees. 


44 


ACT  RELATING  TO 


To  call  spo- 
cial  meet- 
ings. 


To  give  no- 
tices in  cer- 
tain cases. 


To  make 
out  lax 
lists. 


To  issue 
warrant  for 
collection. 


To  purchase 
or  lease 
sites,  &c. 


To  have 
custody  of 
the  school 
house. 

To  insure 
school 
house,  &c. 


To  insure 
library. 


Teachers 
must  not 
be  within 
two  degrees 
of  relation- 
ship to 
trustees. 


1.  To  call  special  meetings  of  the  inhabitants  of 
such  districts  whenever  they  shall  deem  it  necessary 
and  proper. 

2.  To  give  notice  of  "special,  annual  and  adjourned 
meetings  in  the  manner  prescribed  in  the  sixth  section 
of  tins  title,  if  there  be  no  clerk  of  the  district,  or  he 
be  absent  or  incapable  of  acting,  or  shall  refuse  to  act. 

3.  To  make  out  a  tax  list  of  every  district  tax  voted 
by  any  such  meeting,  or  authorized  by  law,  contain- 
ing the  names  of  all  the  taxable  inhabitants  residing 
in  the  district  at  the  time  of  making  out  the  list,  and 
the  amount  of  tax  payable  by  each  inhabitant,  set 
opposite  to  his  name. 

4.  To  annex  to  such  tax  list  a  warrant,!  directed  to 
the  collector  of  the  district,  for  the  collection  of  the 
sums  in  such  list  mentioned. 

5.  To  purchase  or  lease  a  site  for  the  district  school 
house  or  school  houses,  as  designated  by  a  meeting 
of  the  district,  and  to  build,  hire  or  purchase  such 
school  house  as  may  be  so  designated,  and  to  keep 
in  repair  and  furnish  such  school  house  with  neces- 
sary fuel  and  appendages,  and  to  pay  the  expense 
thereof  by  tax,  but  such  expense  shall  not  exceed 
fifty  dollars  in  any  one  year,  unless  authorized  by  the 
district. 

G.  To  have  the  custody  and  safe  keeping  of  the 
district  school  house  or  houses,  their  sites  and  appur- 
tenances. 

7.  When  thereto  authorized,  by  a  meeting  of  the 
district,  to  insure  the  school  house  or  school  houses, 
and  their  furniture,  and  the  school  apparatus,  in  some 
company  created  by  or  under  the  laws  of  this  state 
and  to  comply  with  the  conditions  of  the  policy,  and 
raise  the  premiums  by  a  district  tax. 

8.  To  insure  the  district  library  in  such  a  company 
in  a  sum  fixed  by  a  district  meeting,  and  to  raise  the 
premium  by  a  district  tax,  and  comply  with  the  con- 
ditions of  the  policy. 

*  9.  To  contract  with  and  employ  all  teachers  in 
the  district  school  or  schools  ;  but  no  person  who  is 
within  two  degrees  of  relationship  by  blood  or  mar- 
riage  to   any   such   trustee   shall    be   so  employed, 


*  As  amended  by  section  9,  Chapter  647,  Laws  of  18G5. 
f  For  form  of  warrant,  see  page  91. 


PUBLIC  INSTRUCTION. 


45 


except  with  the  approval  of  two-thirds  of  the  voters 
of  such  district  present  and  voting  upon  the  question 
at  an  annual  or  special  meeting  of  the  district.  Any 
person  employed  in  disregard  of  the  foregoing  pro- 
vision shall  have  no  claim  for  wages  against  the 
district,  but  may  enforce  the  speciiie  contract  made 


against 


the  trustee  or  trustees  consenting  to  such 


employment  as  individuals. 

10.  To  pay  towards  the  wages  of  such  teachers  as 
are  qualified,  the  public  moneys  apportioned  to  the 
district  and  legally  applicable  thereto,  by  giving  them 
orders  on  the  supervisor  therefor,  and  to  collect  as 
herein  provided,  the  residue  of  such  wages  from  all 
persons  liable  therefor. 

11.  To  divide  such  public  moneys  apportioned  to 
the  district  whenever  authorized  by  a  vote  of  their 
district,  into  two  or  more  portions  for  each  year  ;  to 
assign  and  apply  one  of  such  portions  to  each  term 
during  which  a  school  shall  be  kept  in  such  district, 
for  the  payment  of  teachers'  wages  during  such 
term  ;  and  to  collect  the  residue  of  such  wages  not 
paid  by  the  proportion  of  public  money  allotted  for 
That  purpose,  from  all  persons  liable  therefor,  as 
herein  provided. 

12.  To  ascertain  by  the  teacher's  list  the  persons 
who  have  sent  to  school,  and  the  number  of  children 
each  has  sent,  and  the  number  of  days  each  child  has 
attended,  and  to  charge  all  such  persons  with  the  bal- 
ance necessary  to  be  raised  beyond  the  public  moneys 
for  the  payment  of  teachers'  wages,  each  in  propor- 
tion to  the  number  of  days  and  children  sent  by  him. 

13.  To  exempt  from  the  payment  of  such  charge, 
in  whole  or  in  part,  such  indigent  inhabitants  of  the 
district  as  they  deem  proper,  and  to  file  a  list  of 
such  exemptions  in  the  district  clerk's  office. 

14.  To  add  the  amount  of  such  exemptions  to  the 
first  tax  list  thereafter  to  be  made  out  by  them,  or  to 
collect  it  by  a  separate  tax. 

15.  To  make  out  a  rate  bill  for  the  remainder  of 
such  balance,  containing  the  name  of  each  person 
remaining  charged,  and  the  amount  charged  to  him, 
and  to  annex  thereto  their  warrant,*  under  their  hands 
with  or  without  seal,  for  the  collection  thereof. 


To  pay 
teachers' 
wages,  &c. 


To  divide 
the  public 
money 
■when  or- 
dered by  the 
district. 


Rate  bill 
on  attend- 
ance. 


To  exempt 

indigent 

inhabitants. 


And  pay  ex- 
emptions 
by  tax. 


Warrant  to 
collect  rate 
bill. 


*  See  page  91. 


4G 


ACT  RELATING  TO 


To  collect 
by  tax  un- 
collectible 
rule  bill. 
To  pay 
library  mo- 
ney for 
teachers' 
wages, 
when  less 
than  $3. 


Trustees 
may  expend 
$20  a  year 
in  repairs. 

Abate  nui- 
sances. 

Provide 
fuel,  &c. 


Building 
fires. 


May  hire 
rooms  for 

temporary 
school. 


May  raise 
any  legal 
sum  by  tax. 


School 
house  by 
consent  of 
trustee  may 
be  used  for 
instruction 
in  any 
branch  of 
learning  or 
music 


16.  To  deliver  such  rate  bill,  with  their  warrant 
thereto  annexed,  to  the  collector. 

17.  To  collect  by  a  district  tax  any  portion  of  any 
such  rate  bill  which  shall  prove  to  be  uncollectible. 

18.  If  the  library  money  apportioned  to  the  dis- 
trict be  less  than  three  dollars,  to  apply  it  to  the 
payment  of  teachers'  wages. 

19.  To  draw  upon  the  supervisor  for  the  school  and 
library  moneys,  in  the  manner  and  form  prescribed 
by  subdivisions  one  and  two  of  section  six  of  title 
four  of  this  act. 

§  50.  The  trustees  may  expend,  in  necessary  and 
proper  repairs  of  each  school  house  under  their  charge, 
a  sum  not  exceeding  twenty  dollars  in  any  oue 
year.  They  may  also  make  any  repairs  and  abate 
any  nuisances,  pursuant  to  the  direction  of  the  school 
commissioner ;  and  provide  fuel,  pails,  brooms,  and 
other  implements  necessary  to  keep  the  school  house 
or  houses  clean,  and  make  them  reasonably  comfort- 
able for  use,  and  not  provided  for  by  a  vote  of  the 
district ;  and  may  also  provide  for  building  fires  and 
cleaning  the  school  room,  by  arrangement  with  the 
teacher  or  otherwise.  They  shall  provide  the  bound 
blank  books  for  the  entering  of  their  accounts,  and 
the  keeping  of  the  school  lists,  the  records  of  the 
district,  and  the  proceedings  of  district  and  trustee 
meetings.  Whenever  it  shall  be  necessary,  for  the 
due  accommodation  of  the  children  of  the  district, 
they  may  hire,  temporarily,  any  room  or  rooms  for 
the  keeping  of  schools  therein.  Any  expenditure 
made  or  liability  incurred,  in  pursuance  of  this  sec- 
tion, shall  be  a  charge  upon  the  district. 

§  51.  When  trustees  are  required  or  authorized  by 
law,  or  by  a  vote  of  their  district,  to  incur  any 
expense  for  such  district,  and  when  any  expenses 
incurred  by  them  are  made,  by  express  provision  of 
law,  a  charge  upon  such  district,  they  may  raise  the 
amount  thereof  by  tax  in  the  same  manner  as  if 
the  definite  sum  to  be  raised  had  been  voted  by  a 
district  meeting. 

§  52.  The  trustees,  or  any  one  of  them,  if  not  for- 
bidden by  another,  may  freely  permit  the  school 
house,  when  not  in  use  for  the  district  school,  to  be 
used  by  persons  assembling  therein  for  the  purpose 
of  giving  and  receiving  instruction  in  any  branch  of 


PUBLIC  INSTRUCTION".  47 

education  or  learning,  or  in  the  science  or  practice 
of  music. 

§  53.  They  shall  procure  two  bound  blank  books  Trustees  to 
for  the  district,  and,  when  necessary,  others  in  their  bfank  ° 
place.     In  one  of  them,  at  or  before  each  annual  dis-  books* 
trict  meeting,  they  shall  enter  at  large,  and  sign,  a 
statement  of  all  movable  property  belonging  to  the 
district,  and  their  accounts  of  all  moneys  received 
and   drawn   for   or  paid   by  them,   and   they   shall 
deliver  this  book  to  their  successors.     In  the  other, 
the   teachers   shall   enter   the   names  of  the   pupils 
attending  school,  their  ages,  the  names  of  the  persons 
who  send  them,  and  the  number  of  days  each  pupil 
attends ;  and  also  the  facts  and  the  dates  of  each 
inspection  of  the  school  by  the  school  commissioner 
or  other  official  visitor,  and  any  other  facts  and  in 
such  form  as  the  superintendent  of  public  instruction 
shall  require  ;  and  each  teacher  shall,  by  his  oath  or  Teacher 
affirmation,  verify  his  entries  in  such  book,  and  the  Ss^cord* 
entries  shall  constitute  the  school  lists  from  which 
the  rate  bills  shall  be  apportioned  and  the  average 
daily  attendance  shall  be  determined  ;  and  such  oath  Trustees 
or  affirmation  may  be  taken  by  the  district  clerk,  but  arawfor 
without  charge.     Until  the  teacher  shall  have  so  made  ^elcT-"1 
and  verified  such  entries,  the  trustees  shall  not  draw  er's  record 

.  _  .  .,   .  .  is  so  veri- 

on  the  supervisor  tor  any  portion  ot  his  wages.  fied. 

§  54.  If  any  portion  of  the  moneys  apportioned  to  To  notify 
the   district   shall   not   be   paid,   by  the  supervisor,  erlndlu"1" 
upon  the  due  requirement  of  the  trustees,  they  shall  ^tri"fend" 
forthwith  notify  the  treasurer  of  the  county,  and  the  money 
superintendent  of  public  instruction,  of  the  fact.  supervisor. 

g  55.  The  trustees  shall,  once  in  each  year,  render  To  render 
to  the  district,  at  its  annual  district  meeting,  a  just,  *? SimS* 
full  and  true  account  in  writing,  under  their  hands,  ney8  receiv- 

.         ,  ,  .       °  '    ed and  paid, 

ot  all  moneys  received  by  them  respectively  tor  the  &c. 
use  of  the  district,  and  of  the  manner  in  which 
the  same  shall  have  been  expended,  and  showing  to 
which  of  them  an  unexpended  balance,  or  any  part 
thereof,  is  chargeable  ;  and  of  all  drafts  or  orders 
made  by  them  upon  the  supervisor,  collector,  or  other 
custodian  of  moneys  of  the  district;  and  a  full  state- 
ment of  all  suits  and  proceedings  brought  by  or 
against  them,  and  of  every  special  matter  touching 
the  condition  of  the  district. 


48 


ACT  RELATING  TO 


Ont-going 
trustee  to 
pay  any 
balance  to 
his  succes- 
sor. 


Penalty  for 
refusal  or 
neglect  to 
render  ac- 
count. 


Forfeits  his 
office,  &c. 


Trustees  to 
sue  any  for- 
mer trustee. 


To  report 
annually  to 
commis- 
sioner be- 
tween 1st 
and  15th  of 
October. 


Items  of 
annual  re- 
port. 


Item  in 
trustees' 
annual  re- 
port to  com- 
missioner. 


$  56.  An  outgoing  trustee  shall  forthwith  pay,  to 
his  successor  or  any  other  trustee  of  the  district  in 
office,  any  such  unexpended  balance,  or  part  of  such 
balance,  remaining  in  his  hands. 

$  57.  Every  trustee  who  shall  refuse  or  neglect  to 
render  such  account  shall  forfeit  twenty-five  dollars. 
Every  trustee  who  shall  neglect  or  refuse  to  pay  over 
any  balance  so  found  in  his  hands,  shall,  forfeit 
twenty-five  dollars.  These  penalties  are  for  the 
benefit  of  the  schools  of  the  district,  and  shall  be 
sued  for  by  the  supervisor  of  the  town  in  which  the 
school  house,  or  school  honse  longest  owned  or  held 
by  the  district  is. 

§  58.  By  a  willful  neglect  or  refusal  to  render  such 
account,  a  trustee  also  forfeits  any  unexpired  term 
of  his  office,  and  becomes  liable  to  the  trustees  for 
any  district  moneys  in  his  hands. 

g  59.  The  trustees  in  office  shall  sue  for  and 
recover  any  district  moneys  in  the  hands  of  any 
former  trustee,  or  of  his  personal  representatives, 
and  apply  them  to  the  use  of  the  district. 

§  GO.  The  trustees  of  each  school  district  shall, 
between  the  first  and  fifteenth  days  of  October,  in 
every  year,  make  and  direct  to  the  school  commis- 
sioner a  report  in  writing,  dated  on  the  first  day  of 
October  of  the  year  in  which  it  is  made,  and  shall 
sign  and  certify  it,  and  deliver  it  to  the  clerk  of  the 
town  in  which  the  school  house  of  the  district  is 
situate  ;  and  every  such  report  shall  certify  : 

1.  The  whole  time  any  school  has  been  kept  in 
their  district  during  the  year  ending  on  the  day  pre- 
vious to  the  date  of  such  report,  and  distinguishing 
what  portion  of  the  time  such  school  has  been  kept 
by  qualified  teachers,  and  the  whole  number  of  days 
including  holidays,  in  which  the  school  was  taught 
by  qualified  teachers. 

2.  The  amount  of  their  drafts  upon  the  supervisor, 
for  the  payment  of  teachers'  wages  during  such  year, 
and  the  amount  of  their  drafts  upon  him  for  the  pur- 
chase of  books  and  school  apparatus  during  such 
year,  and  the  manner  in  which  such  moneys  have 
been  expended. 

*3.  The  number  of  children  taught  in  the  district 

*  As  amended  by  sec.  11,  chap.  647,  Laws  of  1865. 


PUBLIC  INSTRUCTIOX. 


49 


school  or  schools  during'  such  year  by  qualified  teach- 
ers, and  the  sum  of  the  days'  attendance  of  all  such 
children  upon  the  school. 

4.  The  number  of  children  residing-  in  the  district 
on  the  last  day  of  September  previous  to  the  making 
of  such  report,  between  the  ages  of  five  and  twenty- 
one,  and  the  names  of  the  parents  or  other  persons 
with  whom  such  children  respectively  reside,  and  the 
number  of  children  residing  with  each. 

5.  The  amount  of  money  paid  for  teachers'  wages, 
in  addition  to  the  public  money  paid  therefor,  the 
amount  of  taxes  levied  in  said  district  for  i3iirchasing 
school  house  sites,  for  building,  hiring,  purchasing, 
repairing  and  insuring  school  houses,  for  fuel,  for 
supplying  deficiencies  in  rate  bills,  for  district  libra- 
ries, or  for  any  other  purpose  allowed  by  law,  and 
such  other  information  in  relation  to  the  schools  and 
the  district  as  the  superintendent  of  public  instruc- 
tion may  from  time  to  time  require. 

<§  01.  The  annual  reports  of  trustees  of  school  dis- 
tricts, of  children  residing  in  their  district,  shall 
include  all  over  five  and  under  twenty-one  years  of 
age,  who  shall,  at  the  date  of  such  report,  actually 
be  in  the  district,  composing  a  part  of  the  family  of 
their  parents  or  guardiaus,  or  employers,  if  such 
parents,  guardians  or  employers  reside  at  the  time  in 
such  district,  although  such  residence  be  temporary  ; 
but  such  report  shall  not  include  children  belonging 
to  the  family  of  any  person  who  shall  be  an  inhabit- 
ant of  any  other  district  in  this  state  in  which  such 
children  may  by  law  be  included  in  the  reports  of  its 
trustees ;  nor  any  children  who  are  supported  at  a 
county  poor  house  or  an  orphan  asylum  ;  nor  any 
Indian  children  residing  on  reservations  where  schools 
provided  by  law  for  their  education  are  taught. 

g  02.  "Where  a  school  district  lies  in  two  or  more 
counties,  its  trustees  shall  make  such  an  annual 
report  for  each  part  of  it  lying  in  a  different  county, 
and  file  each  in  the  office  of  the  clerk  of  the  town  in 
which  the  part  of  the  district  to  which  it  especially 
relates  lies  ;  and  such  reports  shall  be  in  the  form  and 
contain  all  such  special  matters  as  the  superintendent 
of  public  instruction  shall  from  time  to  time  pre- 
scribe. 


Ibid. 


Ibid. 


Children 
included  in 
trustees' 
report. 


Joint  dis- 
trict to  re- 
port to  each 
commis- 
sioner. 


50  ACT  RELATING  TO 

nei-hw  S  63.  Tlio  trustee  of  every  separate  neighborhood 

hood. nport  shall  every  year,  within  the  time  aforesaid,  in  like 
tee. s  ru  maimer,  make  his  animal  report  to  the  school  com- 
missioner, and  file  it  in  the  office  of  the  clerk  of  the 
town  of  which  the  neighborhood  is  a  part.  Such 
report  shall  specify  the  whole  amount  of  public 
moneys  received  (luring  the  year,  and  from  what 
public  officer,  and  the  manner  in  which  it  was 
expended;  the  whole  number  of  such  children  as  can 
be  included  in  the  district  trustees'  report  residing  in 
the  neighborhood  on  the  last  day  of  September  pre- 
vious to  the  making  of  the  report ;  and  any  other 
matters  which  the  superintendent  of  public  instruc- 
tion may  require. 
raise  re-  g  G4.  Every  trustee  of  a  school  district  or  separate 

peLiity  for.  neighborhood,  who  shall  willfully  sign  a  false  report 
to  a  school  commissioner,  with  the  intent  of  causing 
such  school  commissioner  to  apportion  to  his  district 
or  neighborhood  a  larger  sum  than  its  just  proportion 
of  school  moneys ;  or  in  the  case  of  a  trustee  of  a 
separate  neighborhood,  with  intent  to  procure  from 
the  state  superintendent  of  public  instruction  a  larger 
allowance  to  the  neighborhood,  shall  for  each  offense 
forfeit  the  sum  of  twenty-five  dollars,  and  shall  also 
be  deemed  guilty  of  a  misdemeanor.  Such  penalties, 
and  any  fines  which  shall  be  imposed  for  the  misde- 
meanor, are  for  the  benefit  of  the  common  schools  of 
the  county. 

SEVENTH  ARTICLE. 

Of  the  assessment  of  district  taxes,  and  the  collection  of 
such  taxes  and  rate  hills ;  and  herein  of  the  collector, 
his  powers,  duties  and  liability. 

menCt8  of  S  65.  Within  thirty  days  after  a  tax  shall  have  been 

taxes  by       voted  by  a  district  meeting,  the  trustees  shall  assess  it, 

and  make  out  the  tax  list  therefor,  and  annex  thereto 

two  or        their  warrant*  for  its  collection.     But  they  may  at  the 

Sayebeafn-a    same  time  assess  two  or  more  taxes  so  voted,  and  anv 

deUrdoneUn"     t ax  or  taxes  they  are  authorized  to  raise  without  sucu 

■warrant.       vote,   and  make  out  one  tax  list  and  one  warrant 

for   the  collection  of  the  whole.      They  shall   also 

prefix  to  their  tax  list  a  heading  showing  for  what 

purpose  the  different  items  of  the  tax  is  levied.. 

*  For  form  of  warrant,  see  page  91. 


PUBLIC  INSTRUCTION. 


51 


*  §  66.  In  making  out  a  tax  list,  the  trustees  of 
school  districts  shall  apportion  the  same  on  all  tax- 
able inhabitants  of  the  district,  upon  corporations 
holding-  property  therein,  and  on  all  banks,  banking 
associations  and  individual  bankers,  whose  place  of 
business  is  within  the  district  at  the  time  such  tax 
may  be  levied,  according  to  the  valuation  of  the 
taxable  property  which  shall  be  owned  or  possessed 
by  them  at  the  time  of  making-  out  such  list  within 
such  district,  or  partly  within  such  district  and  partly 
in  an  adjoining  district;  and  upon  all  unoccupied  real 
estate  lying  within  the  boundaries  of  such  district, 
the  owners  of  which  shall  be  non-residents,  and 
which  shall  be  liable  to  taxation  for  town  or  county 
purposes  ;  and  upon  the  amount  of  rents  reserved  in 
any  leases  in  fee,  or  for  one  or  more  lives,  or  for 
a  term  of  years  exceeding  twenty-one  years,  and 
chargeable  upon  lands  within  such  district,  which 
rents  shall  be  assessed  to  the  person  or  persons  enti- 
tled to  receive  the  same  as  personal  estate,  which  is 
hereby  declared  to  be,  for  the  purpose  of  taxation 
for  school  purposes,  at  a  principal  sum,  the  interest 
of  which,  at  the  legal  rate  per  annum,  shall  produce 
a  sum  equal  to  such  annual  rents;  and,  in  case  such 
rents  are  payable  in  any  other  thing  except  money, 
the  value  of  such  annual  rents  in  money  shall  be 
ascertained  by  the  trustee  or  trustees,  and  the  same 
shall  be  assessed  in  manner  aforesaid.  But,  when 
it  shall  be  ascertained  that  the  proportion  of  any 
tax  upon  any  lot,  tract  or  parcel  not  occupied  by 
any  inhabitant  or  upon  rents  reserved,  would  not 
amount  to  fifty  cents,  the  trustees,  in  their  discre- 
tion, may  omit  such  lot,  tract  or  parcel  or  reserved 
rents  from  the  tax  list.  Banking  associations  organ- 
ized under  the  laws  of  congress  shall  be  taxed  by 
assessing  the  individual  stockholders  for  the  amount 
of  stock  owned  or  possessed  by  them  ;  but  such 
assessment  shall  be  made  only  in  the  district  where 
the  bank  is  located. 

g  67.  The  valuations  of  taxable  property  shall  be 
ascertained,  so  far  as  possible,  from  the  last  assess- 


Tax  list, 
how  made 
out. 


National 
banking  as- 
sociations, 
how  taxed. 


Valuation, 
how  ascer- 
tained. 


*  As  amended  by  sec.  12,  chap.  617,  Laws  of  1865.  This  section  has  been 
somewhat  modified  i>y  chap.  701  of  the  Laws  of  1866,  so  that  n<>  banks, 
whether  state  or  national,  are  now  taxable  on  their  capital.  But  the 
shares  of  such  banks  are  taxable  to  the  holder,  in  the  district  in  which 
the  bank  is  located.    See  appendix. 


52 


ACT  RELATING  TO 


Of  reduc- 
tion of  val- 
uation. 


Taxes  in 
districts 
joint  in 
several 
towns. 


Person 
working 
land  on 
shares  lia- 
ble, or  by 
his  agent 
or  servant. 


ment  roll  of  the  town,  after  revision  by  the  assessors ; 
and  no  person  shall  be  entitled  to  any  reduction  in 
the  valuation  of  such  property,  as  so  ascertained, 
unless  he  shall  give  notice  of  his  claim  to  such 
reduction  to  the  trustees  of  the  district  before  the 
tax  list  shall  be  made  out. 

g  68.  Where  such  reduction  shall  be  duly  claimed, 
and  where  the  valuation  of  taxable  property  cannot 
be  ascertained  from  the  last  assessment  roll  of  the 
town,  the  trustees  shall  ascertain  the  true  value  of 
the  property  to  be  taxed  from  the  best  evidence  in 
their  power,  giving  notice  to  the  persons  interested, 
and  proceeding  in  the  same  manner  as  the  town 
assessors  are  required  by  law  to  proceed  in  the  valu- 
ation of  taxable  property. 

§  GO.  Where  a  district  embraces  parts  of  more 
than  one  town,  the  supervisors  of  the  towns  so  in 
part  embraced,  upon  application  of  the  trustees  of 
such  district,  or  of  those  persons  liable  to  pay  taxes 
upon  real  property  therein,  shall  proceed  to  inquire 
and  determine  whether  the  valuation  of  real  prop- 
erty upon  the  several  assessment  rolls  of  said  towns 
are  substantially  just,  as  compared  with  each  other, 
so  far  as  such  district  is  concerned,  and,  if  deter- 
mined not  to  be  so,  they  shall  determine  the  relative 
proportion  of  taxes  that  ought  to  be  assessed  upon 
the  real  property  of  the  parts -of  such  district  lying- 
in  different  towns,  and  the  trustees  of  such  district 
shall  thereupon  assess  the  proportions  of  any  tax 
thereafter  to  be  raised,  according  to  the  determina- 
tion of  said  supervisors,  until  new  assessment  rolls 
of  the  town  shall  be  perfected  and  filed,  upon  like 
application,  using  the  assessment  rolls  of  the  several 
towns  to  distribute  the  said  proportion  among  the 
persons  liable  to  be  assessed  for  the  same.  In  cases 
where  two  supervisors  shall  be  unable  to  agree,  they 
shall  summon  a  supervisor  from  some  adjoining 
town,  who  shall  unite  in  such  inquiry  and  determin- 
ation. 

§  70.  Any  person  working  land,  under  a  contract 
for  a  share  of  the  produce  of  such  land,  shall  be 
deemed  the  possessor,  so  far  as  to  render  him  liable 
to  taxation  therefor  in  the  district  where  such  land 
is  situate. 


PUBLIC  INSTRUCTION".  53 

§  71.  Every  person  owning  or  holding  any  real 
property  within  any  school  district,  who  shall  im- 
prove and  occupy  the  same  by  his  agent  or  servant, 
shall,  in  respect  to  the  liability  of  such  property  to 
taxation,  be  considered  a  taxable  inhabitant  of  such 
district,  in  the  same  manner  as  if  he  actually  resided 
therein. 

5  72.  Where  any  district  tax,  for  the  purpose  of  of  tenant 
purchasing  a  site  for  a  school  house,  or  for  purchas-  uabluty  of'' 
ing  or  building,   keeping  in    repair,   or   furnishing  theowuer- 
such  school  house  with  necessary  fuel  and  append- 
ages, shall  be  lawfully  assessed,  and  paid  by  any 
person  on  account  of  any  real  property  whereof  he 
is  only  tenant  at  will,  or  for  three  years,  or  for  a  less 
period  of  time,  such  tenant  may  charge  the  owner 
of  such  real  estate  with  the  amount  of  the  tax  so 
paid  by  him,  unless  some  agreement  to  the  contrary 
shall  have  been  made  by  such  tenant. 

§  73.  Every  taxable  inhabitant  of  a  district  who  ^f,^ 
shall  have  been,  within  four  years,  set  off  from  any  tax  for 
other  district  without  his  consent,  and  shall,  within  hou°se. 
that  period,  have  actually  paid  in  such  other  district, 
under  a  lawful  assessment  therein,  a  district  tax  for 
building  a  school  house,  shall  be  exempted  by  the 
trustees  of  the  district  where  he  shall  reside  from 
the  payment  of  any  tax  for  building  a  school  house 
therein. 

<S  74.  When  any  real  estate  within  a  district,  so  J*"""11 
liable  to  taxation,  shall  not  be  occupied  and  improved  dent  lands. 
by  the  owner,  ln>  servant  or  agent,  and  shall  not  be 
possessed  by  any  tenant,  the  trustees  of  any  district, 
at  the  time  of  making  out  any  tax  list  by  which  any 
tax  shall  be  imposed  thereon,  shall  make  and  insert 
in  such  tax  list  a  statement  and  description  of  every 
such  lot,  piece  or  parcel  of  land  so  owned  by  non- 
residents therein,  in  the  same  manner  as  required  by 
law  from  town  assessors  in  making  out  the  assess- 
ment roll  of  their  towns;   and  if  any  such  lot  is  ^cc00rP°praat- 
known  to  belong  to  an  incorporated  company  liable  nies,  &c 
to  taxation  in  such  district,  the  name  of  such  com- 
pany shall  be  specified,  and  the  value  of  such  lot  or 
piece  of  land  shall  be  set  down  opposite  to  such  de- 
scription, which  value  shall  be  the  same  that  was 
affixed  to  such  lot  or  piece  of  land  in  the  last  assess- 
ment roll  of  the  town;   and  if  the  same  was  not 


54 


ACT  RELATING  TO 


Collector  to 
return  nil- 
collected 
tuxes ; 
method  of 
procedure. 


Trustees 
shall  send  it 
to  treasurer 
of  county. 


Treasurer 
shall  pay 
the  taxes, 
and  lay  the 
account  be- 
fore the 
board  of 
supervisors, 
who  shall 
levy  tax  &c. 
County 
treasurer  to 
lay  the 
account 
before  the 
supervisors; 
their  pow- 
ers and  du- 
ties there- 
on. 


separately  valued  in  such  roll,  then  it  shall  be  valued 
in  proportion  to  the  valuation  which  was  affixed  in 
the  said  assessment  roll  to  the  whole  tract  of  which 
such  lot  or  piece  shall  be  part. 

*  §  75.  If  any  tax  on  the  real  estate  of  a  non-resid- 
ent, mentioned  in  the  tax  list  delivered  to  the 
collector,  or  the  taxes  upon  rents  reserved  in  any 
leases  in  fee,  or  for  one  or  more  lives,  or  for  a  term 
of  years  exceeding  twenty-one  years,  or  the  taxes 
upon  non-resident  stockholders  in  banking  associa- 
tions organized  under  the  laws  of  congress,  shall  be 
unpaid  at  the  time  he  is  required  by  law  to  return 
his  warrant,  he  shall  deliver  to  the  trustees  of  such 
district  an  account  of  the  taxes  so  remaining  due, 
containing  a  description  of  the  lots  and  pieces  of  land 
upon  which  such  taxes  were  imposed,  as  the  same 
were  stated  in  his  tax  list,  together  with  the  amount 
of  the  tax  assessed  on  each,  and,  upon  making  oath 
before  any  justice  of  the  peace,  or  judge  of  any 
court  of  record,  that  the  taxes  mentioned  in  any  such 
account  remain  unpaid,  and  that  after  diligent  efforts 
he  has  been  unable  to  collect  the  same,  he  shall  be 
credited  by  said  trustees  with  the  amount  thereof. 

§  76.  Upon  receiving  any  such  account  from  the 
collector,  the  trustees  shall  compare  it  with  the  origi- 
nal tax  list,  and,  if  they  find  it  to  be  a  true  transcript, 
they  shall  add  to  such  account  their  certificate,  to 
the  effect  that  they  have  compared  it  with  the  origi- 
nal tax  list  and  found  it  to  be  correct,  and  shall 
immediately  transmit  the  account,  affidavit,  and  cer- 
tificate, to  the  treasurer  of  the  county. 

§  77.  Out  of  any  moneys  in  the  county  treasury, 
raised  for  contingent  expenses,  the  treasurer  shall  pay 
to  the  trustees  the  amount  of  the  taxes  so  returned 
as  unpaid. 

t  §  78.  Such  account,  affidavit  and  certificate  shall 
be  laid  by  the  county  treasurer  before  the  board  of 
supervisors  of  the  county,  who  shall  cause  the 
amount  of  such  unpaid  taxes,  with  seven  per  cent,  of 
the  amount  in  addition  thereto  to  be  levied  upon  the 
lands  of  non-residents  on  which  the  same  were 
imposed ;    and  if  imposed  upon  the  lands  of  any 


*  As  amended  by  sec.  13,  Chap.  647,  Laws  of  1865. 
t  As  amended  by  sec.  14,  Chap.  647,  Laws  of  1865, 


PUBLIC  INSTRUCTION.  55 

incorporated  company,  then  upon  such  company ; 
and  if  imposed  upon  rents  reserved,  in  any  leases  in 
fee,  or  for  one  or  more  lives,  or  for  a  term  of  years 
exceeding  twenty-one  years,  then  upon  such  reserved 
rents,  in  the  same  manner  that  the  contingent  charges 
of  the  county  are  directed  to  be  levied  and  collected ; 
and  when  collected  the  same  shall  be  returned  to 
the  county  treasurer  to  reimburse  the  amount  so  ad- 
vanced, with  the  expense  of  collection ;  and  if  imposed 
upon  the  stock  of  a  non-resident  stockholder  in  a  bank- 
ing association  organized  under  the  laws  of  congress, 
then  the  same  with  seven  per  cent,  of  the  amount  in 
addition  thereto,  shall  be  a  lien  upon  any  dividends 
thereafter  declared  upon  such  stock,  and  upon  notice 
by  the  board  of  supervisors  to  the  president  and  di- 
rectors of  such  bank  of  such  charge  upon  such  stock, 
the  president  and  directors  shall  thereafter  withhold 
the  amount  so  stated  from  any  future  dividends  upon 
such  stock,  and  shall  pay  the  same  to  the  collector 
of  the  town  duly  authorized  to  receive  the  same. 

g  79.  Any  person  whose  lands  are  included  in  any  Any  person 
such  account  may  pay  the  tax  assessed  thereon  to  the  jfaa/n™nte 
county  treasurer,  at  any  time  before  the  board  of   ieevfy>resaid 
supervisors  shall  have  directed  the  same  to  be  levied. 

§  80.  The  same  proceedings  in  all  respects  shall  ^rg°sCasdfor 
be  had  for  the  collection  of  the  amount  so  directed  f°^nty 

taxes. 

to  be  raised  by  the  board  of  supervisors  as  are  pro- 
vided by  law  in  relation  to  county  taxes ;  and,  upon 
a  similar  account,  as  in  the  case  of  county  taxes  of 
the  arrears  thereof  uncollected,  being  transmitted 
by  the  county  treasurer  to  the  comptroller,  the  same 
shall  be  paid  on  his  warrant  to  the  treasurer  of  the 
county  advancing  the  same ;  and  the  amount  so 
assumed  by  the  state  shall  be  collected  for  its  bene- 
fit, in  the  manner  prescribed  by  law  in  respect  to  the 
arrears  of  county  taxes  upon  land  of  non-residents ; 
or  if  any  part  of  the  amount  so  assumed  consisted 
of  a  tax  upon  any  incorporated  company,  the  same 
proceedings  may  also  be  had  for  the  collection  thereof 
as  provided  by  law  in  respect  to  the  county  taxes 
assessed  upon  such  company. 

§  81.  The  warrant  for  the  collection  of  a  tax  or  warrant, 
rate  bill  shall  be  under  the  hands  of  the  trustees,  undent. 
or   of  a   majority  of  them,   with   or  without   their 
seals ;  and  it  shall  have  the  like  force  and  effect  as  a 


56 


ACT  RELATING  TO 


Delivery  of 
the  warrant 


Collector  to 
execute  a 
bond. 


May  receive 
voluntary 
payments 
for  two 
weeks. 


Fees. 


Warrant 
may  be  exe- 


warraut  issued  by  a  board  of  supervisors  to  a  col- 
lector of  the  taxes  in  the  town  ;  and  the  collector  to 
whom  it  may  be  delivered  for  collection  shall  be 
thereby  authorized  and  required  to  collect,  from 
every  person  in  such  tax  list  or  rate  bill  named,  the 
sum  therein  set  opposite  to  his  name,  or  the  amount 
due  from  any  person  or  persons  specified  therein,  in 
the  same  manner  that  collectors  are  authorized  to 
collect  town  and  county  charges,  except  that  all 
property,  exempt  from  execution  in  civil  actions, 
shall  be  exempt  from  levy  and  sale  under  a  warrant 
for  the  collection  of  a  rate  bill. 

§  82.  A  warrant  for  the  collection  of  a  tax  voted 
by  the  district  shall  not  be  delivered  to  the  collector 
until  the  thirty-first  day  after  the  tax  was  voted.  A 
warrant  for  the  collection  of  any  tax  not  so  voted, 
or  of  any  rate  bill,  may  be  delivered  to  the  collector 
whenever  the  same  is  completed. 

§  83.  Within  such  time,  not  less  than  ten  days, 
as  the  trustees  shall  allow  him  for  the  purpose, 
the  collector,  before  receiving  the  first  warrant 
for  the  collection  of  money,  shall  execute  a  bond*  to 
the  trustees,  with  one  or  more  sureties,  to  be  ap- 
proved by  one  or  more  of  the  trustees,  in  such 
amount  as  the  district  meeting  shall  have  fixed ;  or, 
if  such  meeting  shall  not  have  fixed  the  amount, 
then  in  such  amount  as  the  trustees  shall  deem 
reasonable,  conditioned  for  the  due  and  faithful  exe- 
cution of  the  duties  of  his  office. 

§  84.  The  collector,  for  two  weeks  after  receiving  a 
warrant  for  the  collection  of  taxes,  shall  receive  such 
taxes  as  may  be  voluntarily  paid  to  him  ;  and  in  case 
the  whole  amount  shall  not  be  so  paid  in,  the  collector 
shall  proceed  forthwith  to  collect  the  same.  He  shall 
receive  for  his  services,  on  all  sums  paid  in  as  afore- 
said, one  per  cent.,  and  upon  all  sums  collected  by 
him  after  the  expiration  of  the  time  mentioned,  five 
per  cent. ;  and  in  case  a  levy  and  sale  shall  be 
necessarily  made  by  such  collector,  he  shall  be  entit- 
led to  traveling  fees  at  the  rate  of  ten  cents  per  mile, 
to  be  computed  from  the  school  house  in  such  district. 

%  85.  Any  collector,  to  whom  any  tax  list  or  rate 
bill  and  warrant  may  be  delivered  for  collection,  may 


*  For  form  of  bond,  see  page  91. 


PUBLIC  INSTRUCTION".  57 

execute  the  same  in  any  other  district  or  town  in  the  cntedinany 

^        .  ,  it         other  town, 

same  county,  or  in  auy  other  county  where  the  dis-  &<=. 
trict  is  a  joint  district,  and  composed  of  territory 
from  adjoining  counties,  in  the  same  manner  and 
with  the  like  authority  as  in  the  district  in  which  the 
trustees  issuing  the  said  warrant  may  reside,  and  for 
the  benefit  of  which  said  tax  is  intended  to  be  col- 
lected ;  and  the  bail  or  sureties  of  any  collector,  Ban  liable. 
given  for  the  faithful  performance  of  his  official 
duties,  are  hereby  declared  and  made  liable  for  auy 
moneys  received  or  collected  on  any  such  tax  list 
and  warrant. 

<S  86.  If  the  sum  or  sums  of  money,  payable  by  Trustees 

*y  *j  *    x     \j  */     may  renew 

any  person  named  in  such  tax  list  or  rate  bill,  shall  warrant. 
not  be  paid  by  him  or  collected  by  such  warrant 
within  the  time  therein  limited,  it  shall  and  may  be 
lawful  for   the   trustees   to  renew  such  warrant  in 
respect  to  such  delinquent  person;  or  in  case  such  ^e°eB 
person  shall  not  reside  within  their  district  at  the  may  sue. 
time  of  making  out  a  tax  list  or  rate  bill,  or  shall 
not   reside   therein   at  the  expiration  of  such  war- 
rant, and  no  goods  or  chattels  can  be  found  therein 
whereon  to  levy  the  tax  or  rate,  the  trustees  may 
sue  for  and  recover  the  same  in  their  name  of  office. 

$  87.  Whenever  the  trustees  of  any  school  district  May  correct 

tv  **  error  dy 

shall  discover  any  error  in  a  tax  list  or  rate  bill  made  consent  of 
out  hj  them,  thej'  may,  with  the  approbation  and  tenlent". 
consent  of  the  superintendent  of  public  instruction, 
after  refunding   any  amount   that  may  have  been 
improperly  collected  on  such  tax  list  or  rate  bill,  if 
the  same  shall  be  required  by  him,  amend  and  cor- 
rect such  tax  list  or  rate  bill,  as  directed  by  the 
superintendent,  in  conformity  to  law  ;  and  whenever  k  more 
more  than  one  renewal  of  a  warrant  for  the  collec-  renewal6, 
tion  of  any  tax  list  or  rate  bill  may  become  neces-  consent  of 
sary  in  any  district,   the   trustees  may  make   such  ^8e0er"per* 
further  renewal,  with  the  written  approbation  of  the 
supervisor  of  any  town  in  which  a  school  house  of 
said  district  shall  be  located,  to  be  indorsed  upon 
such  warrant. 

§  88.  The  collector  shall  keep  in  his  possession  all  {j^™^ 
moneys  received  or  collected  by  him  by  virtue  of  any  the  coiiect- 
warrant,  to  be  by  him  paid  out  upon  the  order  of  a  ' 
majority  of  the  trustees ;  and  he  shall  report  in  writ-  52n,5i"rt 
ing  at  the  annual  meeting,  all  his  collections  and  meeting. 

8 


58 


ACT  RELATING  TO 


Collector  to 
make  up 
any  loss. 


Trustees  to 
sue  for  re- 
covery of 
money  in 
his  hands. 


disbursements,  and  shall  pay  over  to  his  successor  in 
office,  when  he  has  duly  qualified  and  given  bail,  all 
moneys  in  his  hands  belonging  to  the  district. 

§  89.  If  by  the  neglect  of  any  collector  any  moneys 
shall  be  lost  to  any  school  district,  which  might  have 
been  collected  within  the  time  limited  in  the  warrant 
delivered  to  him  for  their  collection,  he  shall  forfeit 
to  such  district  the  amount  of  the  moneys  thus  lost, 
and  shall  account  for  and  pay  over  the  same  to  the 
trustees  of  such  district,  in  the  same  manner  as  if 
they  had  been  collected. 

§  90.  For  the  recovery  of  all  such  forfeitures,  and 
of  all  balances,  in  the  hands  of  the  collector,  which 
he  shall  have  neglected  or  refused  to  pay  to  his  suc- 
cessor, the  trustees,  in  their  name  of  office,  shall  have 
their  remedy  upon  the  official  bond  of  the  collector, 
or  any  action  and  any  remedy  given  by  law ;  and 
they  shall  apply  all  such  moneys,  when  recovered,  in 
the  same  manner  as  if  paid  without  suit. 


TITLE  VIII. 


Tax  of  $10 

hy  district 
meeting  for 
libraries. 


$55,000  ap- 
portioned 
for  libra- 


ries. 


OF   SCHOOL   DISTRICT   LIBRARIES,  AND   THE  APPLICA- 
TION OF  LIBRARY  MONEYS. 

Section  1.  The  taxable  inhabitants  of  each  school 
district  in  the  state  shall  have  power,  when  lawfully 
assembled  in  any  district  meeting,  to  lay  a  tax  on  the 
district,  not  exceeding  ten  dollars  in  any  one  year, 
for  the  purchase  of  such  books  as  they  shall  direct  for 
the  district  library,  and  such  further  sum  as  they  may 
deem  necessary  for  the  purchase  of  a  book  case.  All 
books  and  cases  which  may  have  been  or  shall  be 
purchased  with  moneys  raised  by  such  taxes,  or  with 
moneys  apportioned  to  the  district  for  library  pur- 
poses, and  all  books  which  have  been  given  to  and 
accepted  by  the  trustees  for  the  library,  shall  com- 
pose the  library  of  the  district. 

S  2.  The  sum  of  fifty-five  thousand  dollars,  directed 
to  be  distributed  to  the  several  school  districts  of 
this  state  by  the  fourth  section  of  chapter  two  hun- 
dred and  thirty-seven,  of  the  laws  of  eighteen  hundred 
and  thirty-eight,  shall  continue  to  be  applied  to  the 
purchasa  of  books  for  the  district  libraries. 


PUBLIC  INSTRUCTION". 


59 


§  3.  But  whenever  the  number  of  volumes  in  the 
district  library  of  any  district  numbering"  over  fifty 
children  between  the  ages  of  five  and  sixteen,  shall 
exceed  one  hundred  and  twenty-five,  or  of  any  dis- 
trict numbering  fifty  children  or  less  between  the  said 
ages,  shall  exceed  one  hundred  volumes,  the  inhabit- 
ants of  the  district  qualified  to  vote  therein  may,  at 
a  special  or  annual  meeting  duly  notified  for  that 
purpose,  by  a  majority  of  votes,  appropriate  the 
whole  or  any  part  of  the  library  money  belonging  to 
the  district  for  the  current  year  to  the  purchase  of 
maps,  globes,  blackboards,  or  other  scientific  appara- 
tus for  the  use  of  the  school ;  and  in  every  district 
having  the  required  number  of  volumes  in  the  district 
library,  and  the  maps,  globes,  blackboards  and  other 
apparatus  aforesaid,  the  said  moneys,  with  the  appro- 
bation of  the  superintendent  of  public  instruction, 
may  be  applied  to  the  payment  of  qualified  teachers' 
wages. 

§  4.  When  the  library  money  apportioned  to  a  dis- 
trict in  any  year  shall  be  less  than  three  dollars,  the 
trustees  may  apply  it  in  payment  of  qualified  teach- 
ers' wages. 

5  5.  The  trustees  of  every  school  district  shall  be 
trustees  of  the  library  of  such  district,  and  the  prop- 
erty of  all  books  therein,  and  of  the  case  and  other 
appurtenances  thereof,  shall  be  deemed  to  be  vested 
in  such  trustees  so  as  to  enable  them  to  maintain  any 
action  in  relation  to  the  same.  It  shall  be  their  duty 
to  preserve  such  books  and  keep  them  in  repair; 
and  the  expenses  incurred  for  that  purpose  may  be 
included  in  any  tax  list  to  be  made  out  by  them  as 
trustees  of  a  district,  and  added  to  any  tax  voted  by 
a  district  meeting,  and  shall  be  collected  and  paid 
over  in  the  same  manner.  The  librarian  of  any  dis- 
trict library  shall  be  subject  to  the  directions  of  the 
trustees  thereof,  in  all  matters  relating  to  the  preser- 
vation of  the  books  and  appurtenances  of  the  library, 
and  may  be  removed  from  office  by  them  for  willful 
disobedience  of  such  directions,  or  for  any  willful  neg- 
lect of  duty. 

§  G.  Trustees  shall  be  liable  to  their  successors,  and 
the  librarian  shall  be  liable  to  the  trustees,  for  any 
neglect  or  omission  of  their  respective  duties,  l>y 
which  any  book  shall  be  lost,  destroyed  or  damaged, 


Library 
money ; 
when  to  be 
applied  to 
apparatus, 
and  when 
to  teachers' 
wages. 


If  lees  than 
$3,  may  be 
paid  for 
teachers' 


Trustees  to 
have  custo- 
dy of 

library. 


Liability 
for  books 
lost  or  in- 
jured. 


60 


ACT  RELATING  TO 


Districts 
may  unite 
their  libra- 
ries. 


And  such 
agreement 
may  be  ter- 
minated. 


How. 


to  the  amount  of  such  damage  and  the  value  of  the 
book  so  destroyed  or  lost. 

§  7.  All  moneys,  recovered  under  the  last  preced- 
ing section,  and  all  moneys  received  upon  any  policy 
of  insurance  procured  upon  the  library,  and  all  fines 
and  penalties  imposed  by  or  in  pursuance  of  this 
title,  shall  be  applied,  by  the  trustees,  in  the  pur- 
chase of  books  for,  and  in  the  reparation  and  care  of 
the  library. 

§  8.  Any  two  or  more  adjoining  districts,  with  the 
cousent  of  all  the  commissioners  of  the  school  com- 
missioner districts  within  which  they  lie,  may,  by  a 
majority  of  votes  in  their  several  districts,  unite  their 
libraries,  and  apply  their  library  moneys  and  funds 
to  the  care,  reparation  and  augmentation  of  their 
joint  library  so  formed.  All  the  trustees  of  such 
districts  shall  be  trustees  of  such  library,  with  all 
the  powers,  duties  and  liabilities  conferred  and 
imposed  by  this  title  upon  the  trustees  of  a  library 
of  a  district,  and  the  librarian  shall  be  appointed  by 
them,  and  have  the  powers  and  be  subject  to  the 
duties  and  liabilities  conferred  and  imposed  by  this 
title  upon  the  librarian  of  a  district ;  but  upon  the 
question  of  his  appointment  or  removal,  and  upon 
any  other  question  which  may  arise  in  the  board 
of  trustees,  the  trustee  or  trustees  of  each  district 
shall  have  one  vote  only.  All  the  districts  owning 
such  library  shall  be  considered  as  a  school  district, 
and  the  library  as  a  school  district  library,  within 
the  meaning  of  the  subsequent  provisions  of  this 
title. 

S  9-  The  agreement  forming  a  joint  library  may 
be  terminated  by  the  votes  of  all  the  several  dis- 
tricts that  made  it,  or  by  the  votes  of  any  one  or 
more  of  them  less  than  the  whole,  provided  a  major- 
ity of  the  school  commissioners  within  whose  districts 
the  school  districts  lie,  advise  and  consent  thereto, 
or  the  superintendent  of  public  instruction  so  order. 

S  10.  When  such  an  agreement  shall  be  dissolved, 
the  trustees  of  the  several  districts  (the  trustee  or 
trustees  of  each  district  having  only  one  vote)  shall 
divide  the  library,  and  all  the  joint  funds  on  hand, 
including  all  fines  and  penalties  incurred,  among  the 
several  districts ;  and  if  they  cannot  agree,  then  such 
division  shall  be  made  by  the  commissioners  within 


PUBLIC  INSTRUCTION.  61 

whose  districts  the  school  districts  lie,  or  by  some 
officer  or  person  selected  by  the  superintendent  of 
public  instruction. 

S  11.  The  general  regulations  respecting  the  pre-  Former  reg- 
servation  of  school  district  libraries,  the  delivery  of  forehand1 
them  by  librarians  and  trustees  to  their  successors  in  *&?*£ 
office,  the  use  of  them  by  the  inhabitants  of  the  dis-  S^gg*2" 
trict,  the  number  of  volumes  to  be  taken  by  any  one 
person  at  any  one  time  or  during  any  term,  the  periods 
of  their  return,  the  hues  and  penalties  that  may  be 
imposed  by  the  trustees  of  such  libraries  for  not 
returning,  for  losing  or  destroying  any  of  the  books 
therein,  or  for  soiling,  defacing  or  injuring  them, 
heretofore  framed  by  the  superintendent  of  public 
instruction,  are  continued  in  force,  and  he  may,  from 
time  to  time,  amend,  annul  or  add  to  them,  and  shall, 
from  time  to  time,  furnish  printed  copies  of  the  regu- 
lations in  force,  and  of  such  amendments,  annulments 
and  additions  to  the  trustees  of  such  libraries ;  and 
all  such  regulations  shall  be  obligatory  upon  all  per- 
sons and  officers  having  charge  of  such  libraries,  or 
using  or  possessing  any  of  the  books  thereof.  Such 
fines  may  be  recovered  in  an  action  of  debt,  in  the  of  minora 
name  of  the  trustees  of  any  such  library,  of  the  per-  library, 
son  on  whom  they  are  imposed,  unless  such  person 
be  a  minor  ;  in  which  case  they  may  be  recovered  of 
the  parent  or  guardian  of  such  minor,  unless  notice 
in  writing  shall  have  been  given  by  such  parent  or 
guardian  to  the  trustees  of  such  library,  that  they 
will  not  be  responsible  for  any  books  delivered  to 
such  minor.  And  persons  with  whom  such  minors 
reside  shall  be  liable,  in  the  same  manner  and  to  the 
same  extent,  in  cases  where  the  parent  of  such  minor 
does  not  reside  in  the  district. 

S  12.    The   superintendent  of   public  instruction,  snperin- 
whenever   he   may   deem   proper,   may  require   the  may  require 
trustees  of  any  such  library  to  make  to  him  or  to  rcport' 
the  school  commissioner,  a  report  showing  the  con- 
tents and  condition  of  the  library,  the  fines  imposed, 
and  any  other  information  which  he  may  deem  pro- 
per  touching  the  library,  or   its  management,   and 
shall  prescribe  the  form,  contents  and  authentication 
of  such  report.     And  may  impose  it  as  a  duty  upon  maybe' 
tlie  teacher  employed  in  any  district,  under  the  direc-  ^'k^011 
tion  of  the  trustees,  to  assist  them  in  making  such 


62 


ACT  RELATING  TO 


Penalty  for 
neglect  of 
trustees. 


Superin- 
tendent 
may  select 
books. 


Library  act 
of  1856  re- 
pealed. 


examination,  and  when  such  direction  is  given  the 
teacher  may  close  the  school  one  day  for  the  purpose 
of  making  such  examination,  and  the  same  shall  not 
be  accounted  as  lost  time. 

S  13.  If  any  such  trustees  willfully  neglect  or 
refuse  to  make  any  such  report,  the  superintendent 
shall  cause  all  library  moneys  to  be  withholden  from 
the  district  until  the  report  be  made  and  considered 
by  him,  and  such  moneys  shall,  if  he  see  cause,  be  for- 
feited by  the  district,  in  which  case  they  shall  be 
apportioned  among  the  school  districts  of  the  county 
in  which  the  library  is  situated,  other  than  such 
school  district.  And  any  trustee  or  trustees,  through 
whose  neglect  or  refusal,  such  moneys  shall  be  lost 
to  the  district,  shall  forfeit  and  pay  to  the  district 
twice  the  amount  of  such  moneys,  for  the  benefit  of 
the  library  of  the  district,  and  such  forfeiture  may  be 
recovered  by  his  or  their  successors  in  office. 

$  14.  The  superintendent,  whenever  thereto  request- 
ed by  the  trustees  of  any  district  school  library,  may 
select  the  library,  or  books  for  the  library  of  the  dis- 
trict, and  cause  the  same  to  be  delivered  to  the  clerk 
of  the  county. 

g  15.  The  act  entitled  "An  act  to  provide  for  the 
distribution  of  standard  works  of  American  authors 
among  the  libraries  of  district  schools,"  passed  April 
twelfth,  eighteen  hundred  and  fifty-six,  is  hereby 
repealed. 


Prelimina- 
ry condi- 
tions. 


Duty  of 
trustees. 


TITLE  IX. 

OF   UNION   FREE   SCHOOLS. 

Section  1.  Whenever  fifteen  persons  entitled  to 
vote  at  any  meeting  of  the  inhabitants  of  any  school 
district  in  the  state,  shall  sign  a  call  for  a  meeting, 
to  be  held  for  the  purpose  of  determining  whether  a 
union  free  school  shall  be  established  therein,  in  con- 
formity with  the  provisions  of  this  title,  it  shall  be 
the  duty  of  the  trustees  of  such  district,  within  ten 
days  after  such  call  shall  have  been  presented  to 
them,  to  give  public  notice  that  a  meeting  of  the 
inhabitants  of  such  district,  entitled  to  vote  thereat, 
will  be  held  for  such  purpose  as  aforesaid,  at  the 
school  house,  or  other  more  suitable  place,  in  such 


PUBLIC  INSTRUCTION. 


63 


district,  on  a  day  and  at  an  hour  in  such  notice  to  be 
specified,  not  more  than  twenty  days  after  the  public- 
ation of  such  notice.  If  the  trustees  shall  refuse  to 
give  such  notice,  or  shall  neglect  to  give  the  same  for 
twenty  days,  the  superintendent  of  public  instruction 
may  authorize  and  direct  any  inhabitant  of  said  dis- 
trict to  give  the  same.  The  qualifications  of  the 
inhabitants,  entitled  to  vote  at  such  meetings  as  now 
by  law  expressed,  shall  be  sufficiently  set  forth  in  the 
notice  aforesaid. 

§  2.  The  notice  aforesaid,  and  at  least  five  written 
or  printed  copies  thereof,  shall  be  severally  posted  at 
various  conspicuous  places  in,  and  may  also  be  pub- 
lished in  any  newspaper  circulating  within,  such  dis- 
trict. The  trustees  of  such  district  shall  authorize 
and  require  any  taxable  inhabitant  of  the  same  to 
notify  every  other  inhabitant  (qualified  to  vote  as 
aforesaid),  of  such  meeting,  to  be  called  as  aforesaid, 
who  shall  give  such  notification  in  the  manner,  and 
subject  to  the  penalty  prescribed  in  the  case  of  the 
formation  of  new  school  districts,  by  title  seven,  of 
this  act. 

g  3.  The  reasonable  expense  of  such  notices,  and 
of  their  publication  and  service,  shall  be  chargeable 
upon  the  district,  in  case  a  union  free  school  is  estab- 
lished by  the  meeting  so  convened,  to  be  levied  and 
collected  by  the  trustees,  as  in  cases  of  taxes  now 
levied  for  school  purposes  ;  but  in  the  event  that 
such  union  free  school  shall  not  be  established,  then 
the  said  expense  shall  be  chargeable  upon  the  inhab- 
itants signing  the  call,  jointly  and  severally,  to  be 
sued  for  if  necessary  in  any  court  having  jurisdiction 
of  the  same. 

*g  4.  Whenever  fifteen  persons,  entitled  as  afore- 
said, from  each  of  two  or  more  adjoining  districts, 
shall  unite  in  a  call  for  a  meeting  of  the  inhabitants 
of  such  districts,  to  determine  whether  such  districts 
shall  be  consolidated  by  the  establishment  of  a  union 
free  school  therefor  and  therein,  it  shall  be  the  duty 
of  the  trustees  of  such  districts,  or  a  majority  of  them, 
to  give  like  public  notice  of  such  meeting,  at  some 
convenient  place  within  such  districts,  and  as  central 
as  may  be,  within  the  time,  and  to  be  published  and 


When  su- 
perintend- 
ent may 
give  notice. 


Qualifica- 
tion of  vot- 


Notices, 
how  given, 
&c. 


Expense  of 
notices, 
how  paid. 


Union  free 
schools  of 
two  or  more 
districts. 


*  As  amended  by  sec.  15,  Chap.  Gl",  Laws  of  1S65. 


64 


ACT  RELATING  TO 


Expense 
chargeable 

upon  tin- 
union  free 
school 
district. 


Proceeding 
to  form  a 
union  tree 
school  dis- 
trict ;  legal 
voters  only 
to  act. 


Two-thirds 
vote  of 
those  pre- 
sent and 
voting, 
necessary ; 
election  of 
trustees. 


Board  of 
education. 


served  in  the  manner  set  forth  in  the  second  section 
of  this  title,  in  each  of  such  districts.  The  reasona- 
ble expenses  of  preparing,  publishing  and  serving 
such  notices,  shall  be  chargeable  upon  the  union  free 
school  district,  and  be  collected  by  tax,  if  a  union 
free  school  shall  be  established  pursuant  to  such  call ; 
but  otherwise  the  signers  of  the  call  shall  be  jointly 
and  severally  liable  for  such  expenses.  The  superin- 
tendent of  public  instruction  may  order  such  meeting 
under  the  conditions  and  in  the  manner  prescribed  in 
the  first  section  of  this  title. 

*§  5.  Any  such  meeting,  held  as  aforesaid,  shall  be 
organized  by  the  appointment  of  a  chairman  and 
secretary,  and  may  be  adjourned  from  time  to  time 
by  a  majority  vote,  provided  any  such  adjournment 
shall  not  be  for  a  longer  period  than  ten  days  ;  and, 
at  any  such  meeting,  where  at  least  one-third  of  the 
legal  voters  of  such  district,  or  of  each  of  such  dis- 
tricts (to  determine  which  the  lists  of  such  voters 
made  out  by  the  clerks  of  such  districts  respectively, 
or  other  person  who  shall  be  especially  designated  to 
serve  the  notice  aforesaid  and  to  make  such  lists, 
shall  be  prima  facie  evidence ) ;  whenever  the  ques- 
tion whether  a  union  free  school  shall  be  established, 
in  pursuance  of  the  call  for  such  meeting,  shall  be 
determined  in  the  affirmative  by  a  two-thirds  vote  of 
those  present  and  voting,  it  shall  thereafter  be  lawful 
for  such  meeting  to  proceed  to  the  election  by  ballot 
of  not  less  than  three  nor  more  than  nine  trustees, 
who  shall,  by  the  order  of  such  meeting,  be  divided 
into  three  several  classes ;  the  first  class  to  hold  until 
one,  the  second  until  two  and  the  third  until  three 
years  from  the  second  Tuesday  in  October  coincident 
with  or  following,  except  in  the  cases  in  the  next  sec- 
tion provided  for  ;  and  when  the  trustees  so  elected 
shall  enter  upon  their  office,  the  office  of  any  existing 
trustee  or  trustees  shall  cease,  except  for  the  purposes 
stated  in  section  eleven,  of  title  six  of  this  act.  The 
said  trustees  and  their  successors  in  office  shall  con- 
stitute a  board  of  education  of  and  for  the  union  free 
school  district  for  which  they  are  elected,  and  the 
designation  of  such  district  as  union  free  school  dis- 
trict number        ,  of  the  town  of         ,  shall  be  made 


*  As  amended  by  sec.  16,  Chap.  647,  Laws  of  1865. 


PUBLIC  INSTRUCTION. 


65 


by  the  school  commissioner  having  jurisdiction  of  the 
district ;  aud  the  said  board  shall  have  the  name  and 
style  of  the  board  of  education  of  ( adding  the 

designation  aforesaid).  Copies  of  the  said  call,  min- 
utes of  said  meeting  or  meetings,  duly  certified  by 
the  chairman  aud  secretary  thereof,  shall  be  by  them 
or  either  of  them  transmitted  and  deposited,  one  to 
and  with  the  town  clerk,  one  to  and  with  the  school 
commissioner  or  commissioners  in  whose  jurisdiction 
said  districts  are  located,  and  one  to  and  with  the 
superintendent  of  public  instruction ;  but  when,  at 
any  such  meeting,  the  question  as  to  the  establish- 
ment of  a  union  free  school  shall  not  be  decided  in 
the  affirmative,  as  aforesaid,  then  all  further  proceed- 
ings at  such  meeting,  except  a  motion  to  reconsider 
or  adjourn,  shall  be  dispensed  with,  and  no  such 
meeting  shall  be  again  called  within  one  year  there- 
after. 

g  6.  Whenever  said  board  of  education  shall  be 
constituted  for  any  district  or  districts  whose  limits 
correspond  with  those  of  any  incorporated  village  or 
city,  the  trustees  so  elected  shall,  by  the  order  of  such 
meeting,  be  divided  into  three  several  classes:  the 
first  class  to  serve  until  one,  the  second  until  two, 
and  the  third  until  three  years  after  the  day  of  the 
next  charter  election  in  such  village  or  city,  and  their 
regular  term  of  service  shall  be  computed  from  the 
several  days  of  such  charter  elections,  and  not  from 
the  second  Tuesday  in  October.  And  thereafter 
there  shall  be  annually  elected  in  such  villages  and 
cities,  by  separate  ballot,  to  be  indorsed  "  school 
trustees,"  in  the  same  manner  as  the  charter  officers 
thereof,  trustees  of  the  said  union  free  schools  to 
supply  the  places  of  those  whose  terms  by  the  classi- 
fication aforesaid  are  about  to  expire. 

§  7.  The  said  boards  of  education  are  hereby  sev- 
erally created  bodies  corporate,  and  each  shall  at  its 
first  meeting,  and  at  each  annual  meeting  thereafter, 
elect  one  of  their  number  president,  another  the  clerk 
thereof,  the  latter  of  whom  shall  also  be  the  general 
librarian  for  the  district.  In  districts  other  than 
those  whose  limits  correspond  with  those  of  any  city 
or  incorporated  village,  said  board  shall  have  power 
to  appoint  one  of  the  taxable  inhabitants  of  their 
district  treasurer,  and  another  collector  of  the  moneys 


Copies  of 
proceed- 
ings, with 
whom  filed. 


When  the 
district  cor- 
responds 
with  the 
limits  of 
any  incorpo- 
rated city  or 
village. 


Trustees, 
their  elec- 
tion. 


Body  corpo- 
rate. 


66 


ACT  RELATING  TO 


Treasurer 
and  collect- 
or to  exe- 
cute a  bond. 


Corporate 
authorities 
to  levy  tax 
for  school 
purposes. 


Board  of 
education 
to  report 
estimate  for 
amount  of 
said  tax. 


Proceedings 
in  case  of 
refusal  or 
neglect  to 
levy  tax. 


to  be  raised  within  the  same  for  school  purposes,  who 
shall  severally  hold  such  appointments  during  the 
pleasure  of  the  board.  Such  treasurer  and  collector 
shall  each,  and  within  ten  days  alter  notice  in  writing 
of  his  appointment,  duly  served  upon  him,  and  before 
entering  upon  the  duties  of  his  office,  execute  and 
deliver  to  the  said  board  of  education  a  bond,  with 
such  sufficient  penalty  and  sureties  as  the  board  may 
require,  conditioned  for  the  faithful  discharge  of  the 
duties  of  his  office.  And  in  case  such  bond  shall  not 
be  given  within  the  time  specified,  such  office  shall 
thereby  become  vacant,  and  said  board  shall  there- 
upon, by  appointment,  supply  such  vacancy. 

§  8.  The  corporate  authorities  of  any  incorporated 
village  or  city,  in  which  any  such  union  free  school 
shall  be  established,  shall  have  power,  and  it  shall  be 
their  duty,  to  raise,  from  time  to  time,  by  tax,  to 
be  levied  upon  all  the  real  and  personal  property 
in  said  city  or  village,  as  by  law  provided  for  the 
defraying  of  the  expenses  of  its  municipal  govern- 
ment, such  sum  or  sums  as  the  board  of  education 
established  therein  shall  declare  necessary  for  the 
furtherance  of  any  of  the  powers  vested  in  them  by 
law.  The  sums  so  declared  necessary  shall  be  set 
forth  in  a  detailed  statement  in  writing,  addressed  to 
the  corporate  authorities  by  the  board  of  education, 
giving  the  various  purposes  of  anticipated  expend- 
iture, and  the  amount  necessary  for  each  ;  aud  the 
said  corporate  authorities  shall  have  no  power  to 
withhold  the  sums  so  declared  to  be  necessary  for 
teachers'  wages  and  the  ordinary  contingent  expenses 
of  supporting  the  school  or  schools  of  said  district. 

g  9.  In  case  the  corporate  authorities  shall  refuse 
to  provide  for  any  or  all  of  the  other  purposes  of 
expenditure  declared  necessary  in  the  statement 
aforesaid,  they  shall  communicate  in  writing  to  the 
said  board  of  education  their  objections  to  each  and 
every  expenditure  which  they  refuse  to  allow, 
and  thereupon  the  said  board  of  education  shall 
cause  the  said  communication  to  be  published  six 
times  in  at  least  one  paper  published  or  circulating 
in  such  district,  and  the  said  corporate  authorities 
may,  at  any  time,  reconsider  their  action  in  refusing 
to  allow  such  expenditures,  or  any  of  them,  or  may 
allow  such  other  sums  for  any  or  all  of  such  expend- 


PUBLIC  INSTRUCTION".  (37 

itures  as  the  board  of  education  in  any  subsequent 
or  modified  statement  may  recommend.  The  annual 
meeting  of  the  board  of  education  of  every  union 
free  school  district  shall  be  held  on  the  third  Tuesday 
of  October  in  each  year. 

§  10.  A  majority  of  the  voters  of  any  union  free  Powers  of 
school  district  other  than  those  whose  limits  corre-  special1"1 
spoud  with  an  incorporated  city  or  village,  present  at  meetluss- 
any  annual  or  special  district  meeting,  duly  con- 
vened, may  authorize  such  acts,  and  vote  such  taxes 
as  they  shall  deem  expedient  for  making  additions, 
alterations  or  improvements  to  or  in  the  sites  or 
structures  belonging  to  the  district,  or  for  the  pur- 
chase of  other  sites  or  structures,  or  for  the  erection 
of  new  buildings,  or  for  buying  apparatus  or  fix- 
tures, or  for  paying  the  wages  of  teachers  and  the 
necessary  expenses  of  the  school,  or  for  such  other 
purpose  relating  to  the  support  and  welfare  of  the 
school  as  they  may,  by  resolution,  approve ;  and 
they  may  direct  the  moneys  so  voted  to  be  levied  in 
one  sum,  or  by  installments ;  and  the  board  of  edu- 
cation shall  make  out  their  tax  list,  and  attach  their 
warrant  thereto,  in  the  manner  provided  in  article 
seven  of  title  seven  of  this  act,  for  the  collection  of 
school  district  taxes,  and  shall  cause  such  taxes  or 
such  installments  to  be  collected  at  such  times  as 
they  shall  become  due.  jSTo  vote  to  raise  money 
shall  be  rescinded,  nor  the  amount  thereof  be 
reduced  at  any  subsequent  meeting,  unless  the  same 
be  done  within  ten  days  after  the  same  shall  have 
been  first  voted. 

§  11.  Any  moneys  required  to  pay  teachers'  wages,  ah  moneys 

•  »  /»  i*i  •         *  1  i"ii  l.       to  dg  raised 

in  a  union  free  school,  or  in  the  academical  depart-  by  tax,  and 
ment  thereof,  after  the  due  application  of  the  school  bm.byrate 
moneys  thereto,  shall  be  raised  by  tax,  and  not  by 
rate  bill. 

§  12.  Every  union  free  school  district  shall,  for  all  Every  such 
the  purposes  of  the  apportionment  and  distribution  echooidis- 
of  school  moneys,  be  regarded  and  recognized  as  a  tnct 
school  district. 

%  13.  The  said  board  of  education  of  every  union  ^0uacradti°0fn 
free  school  district  shall  severally  have  power :  theirpow- 

1.  To  pass  such  by-laws  as  they  may  deem  proper  Toinake 
for  the  regulation  and  exercise  of  their  lawful  busi-  bylawt 
oess  and  powers. 


68 


ACT  RELATING  TO 


To  regulate 
discipline 
of  the 
school. 


To  grade 
and  classify. 


To  pre- 
scribe and 
furnish 
text-books. 


To  have 
charge  of 
all  proper- 
ties. 


To  hold 
real  estate. 


To  establish 
an  academi- 
cal depart- 
ment. 


To  contract 
•with  and 
employ 
teachers 
and  remove 
them. 


2.  To  establish  such  rules  aud  regulations  con- 
cerning' the  order  and  discipline  of  the  school  or 
schools,  in  the  several  departments  thereof,  as  they 
may  deem  necessary  to  secure  the  best  educational 
results. 

3.  To  grade  and  classify  the  school  or  schools  of 
the  district,  and  to  regulate  the  admission  of  pupils 
and  their  transfer  from  one  class  or  department  to 
another,  as  their  scholarship  shall  warrant. 

4.  To  prescribe  the  text  books  to  be  used  in  the 
schools,  and  to  compel  a  uniformity  in  the  use  of 
the  same,  and  to  furnish  the  same  to  pupils  out 
of  any  moneys  provided  for  that  purpose. 

5.  To  take  charge  and  possession  of  the  school 
houses,  sites,  lots,  furniture,  books,  apparatus,  and 
all  school  property  within  their  respective  districts ; 
and  the  title  of  the  same  shall  be  vested  respectively 
in  said  board  of  education,  and  the  same  shall  not 
be  subject  to  taxation  for  any  purpose. 

G.  To  take  and  hold  for  the  use  of  the  said  schools 
or  of  any  department  of  the  same,  any  real  estate 
transferred  to  it  by  gift,  grant,  bequest  or  devise,  or 
any  gift,  legacy  or  annuity,  of  whatever  kind,  given 
or  bequeathed  to  the  said  board,  and  apply  the 
same,  or  the  interest  or  proceeds  thereof,  according 
to  the  instructions  of  the  donor  or  testator. 

7.  To  have,  in  all  respects,  the  superintendence, 
management  and  control  of  said  union  free  schools, 
and  to  establish  in  the  same  an  academical  depart- 
ment, whenever  in  their  judgment  the.  same  is 
warranted  by  the  demand  for  such  instruction ;  to 
receive  into  said  union  free  schools  any  pupils  resid- 
ing out  of  said  districts,  and  to  regulate  and  estab- 
lish the  tuition  fees  of  such  non-resident  pupils  in 
the  several  departments  of  said  schools ;  to  provide 
fuel,  furniture,  apparatus  and  other  necessaries  for 
the  use  of  said  schools,  and  to  appoint  such  librari- 
ans as  they  may,  from  time  to  time,  deem  necessary. 

*  8.  To  contract  with  and  employ  qualified  teach- 
ers in  the  several  departments  of  instruction,  in  all 
not  less  than  one  for  every  fifty  pupils  attending 
such  schools  ;  to  remove  them  at  any  time  for  neg- 
lect of  duty  or  for  immoral  conduct,  and  to  pay  the 


*  As  amended  by  section  17,  Chapter  647,  Laws  of  1865. 


PUBLIC  INSTRUCTION. 


69 


wages  of  such  teachers  out  of  the  moneys  appropri- 
ated for  that  purpose. 

9.  To  fill  any  vacancy  which  may  happen  in  said 
board  by  reason  of  the  death,  removal  or  refusal  to 
serve  of  any  member  or  officer  of  said  board ;  and 
the  person  so  appointed  in  the  place  of  any  such 
member  of  the  board  shall  hold  his  office  until  the 
next  election  of  trustees,  as  by  this  act  provided. 

10.  To  remove  any  member  of  their  board  for  offi- 
cial misconduct.  But  a  written  copy  of  all  charges 
made  of  such  misconduct  shall  be  served  upon  him 
at  least  ten  days  before  the  time  appointed  for  a 
hearing  of  the  same  ;  and  he  shall  be  allowed  a  full 
and  fair  opportunity  to  refute  such  charges  before 
removal. 

11.  And  generally  to  possess  all  the  powers  and 
privileges,  and  be  subject  to  all  the  duties  in  respect 
to  the  schools,  or  the  common  school  departments  in 
any  union  free  school  in  said  districts,  which  the 
trustees  of  common  schools  now  possess  or  are  sub- 
ject to,  not  inconsistent  with  the  provisions  of  this 
title ;  and  to  enjoy,  whenever  an  academical  depart- 
ment shall  be  by  them  established,  all  the  immuni- 
ties and  privileges  now  enjoyed  by  the  trustees  of 
academies  in  this  state. 

§  14.  In  union  free  school  districts  other  than  those 
whose  limits  correspond  with  any  city  or  incorporated 
village,  the  board  of  education  shall  have  power  to 
call  special  meetings  of  the  inhabitants,  in  the  man- 
ner provided  in  section  six,  of  title  seven  of  this  act 
for  calling  special  meetings  of  districts  by  trustees, 
and  they  shall  give  notice  of  the  time  and  place  of 
holding  the  annual  school  district  meeting,  which 
shall  be  held  on  the  second  Tuesday  of  October  in 
each  year. 

§  15.  It  shall  be  the  duty  of  the  board  at  the 
annual  meeting  of  the  district,  besides  any  other 
report  or  statement  required  by  law,  to  present  a 
detailed  statement  in  writing  of  the  amount  of 
money  which  will  be  required  for  the  ensuing  year 
for  school  purposes  exclusive  of  the  public  moneys, 
specifying  the  several  purposes  for  which  it  will  be 
required,  and  the  amount  for  each,  but  nothing  in 
this  section  contained  shall  be  construed  to  prevent 
the  board  from  presenting  such  statement  at  any 


To  fill  va- 
cancies in. 
officers  of 
the  board, 


To  remove 
members  of 
the  b  card. 


To  have  all 
power  of 
trustees  of 
school  dis- 
tricts and  of 
trustees  of 
academies. 


May  call 

epecial 

meetings. 


Time  of 

annual 

meeting. 


Board  to 
report  esti- 
mates of 
expenses  to 
annual 
meeting. 


May  mako 
such  state- 
ment at  any 
time. 


70 


ACT  RELATING  TO 


Rpwers  of 

inhabitants 

thereupon. 


When 
board  may 
levy  tax 
without 
vote  of  the 
inhabitants. 


Superin- 
tendent to 
decide  any 
question  as 
to  what  are 
"  contin- 
gent ex- 
penses." 


Board  to 
meet  once 
in  each 
quarter. 


"Visit 
schools,  &c. 


Expendi- 
ture of 
moneys. 


special  meeting  called  for  the  purpose,  nor  from  pre- 
senting a  supplementary  and  amended  statement  or 
estimate  at  any  time. 

§  16.  After  the  presentation  of  such  statement,  the 
question  shall  be  taken  upon  voting  the  necessary 
taxes  to  meet  the  estimated  expenditures,  and  when 
demanded  by  any  voter  present,  the  question  shall 
be  taken  upon  each  item  separately,  and  the  inhab- 
itants may  increase  the  amount  of  any  estimated 
expenditures  or  reduce  the  same,  except  for  teachers' 
wages,  and  the  ordinary  contingent  expenses  of  the 
school  or  schools. 

§  17.  If  the  inhabitants  shall  neglect  or  refuse  to 
vote  the  sum  or  sums  estimated  necessary  for  teach- 
ers' wages,  after  applying  thereto  the  public  school 
moneys,  and  other  moneys  received  or  to  be  received 
for  that  purpose,  provided  such  estimate  shall  be  for 
no  more  than  one  teacher  for  each  fifty  pupils  attend- 
ing such  school,  or  if  they  shall  neglect  or  refuse  to 
vote  the  sum  or  sums  estimated  necessary  for  ordi- 
nary contingent  expenses,  the  board  of  education 
may  levy  a  tax  for  the  same,  in  like  manner  as  if  the 
same  had  been  voted  by  the  inhabitants. 

§  18.  If  any  question  shall  arise  as  to  what  are 
ordinary  contingent  expenses,  the  same  may  be 
referred  to  the  superintendent  of  public  instruction, 
by  a  statement  in  writing,  signed  by  one  or  more  of 
each  of  the  opposing  parties  upon  the  question,  and 
the  decision  of  the  superintendent  shall  be  conclusive. 

§  19.  It  shall  be  the  duty  of  each  of  the  said 
boards  of  education,  elected  pursuant  to  the  provis- 
ions of  this  title,  to  have  a  regular  meeting  at  least 
once  in  each  quarter,  and  at  such  meetings  to  appoint 
one  or  more  committees,  to  visit  every  school  or 
department  under  the  supervision  of  said  board,  and 
such  committees  shall  visit  all  said  schools  at  least 
twice  in  each  quarter,  and  report  at  the  next  regular 
meeting  of  the  board  on  the  condition  and  prospects 
thereof. 

§  20.  It  shall  also  be  the  duty  of  said  boards, 
respectively,  to  have  reference  in  all  their  expendi- 
tures and  contracts  to  the  amount  of  moneys  which 
shall  be  appropriated,  or  subject  to  their  order  or 
drafts,  during  the  current  year,  and  not  to  exceed 
that  amount.    And  said  boards  shall  severally  apply 


PUBLIC  INSTRUCTION.  71 

all  the  moneys  apportioned  to  the  common  school 
districts  under  their  charge,  to  the  departments 
below  the  academical ;  and  all  moneys  from  the 
literature  fund  or  otherwise,  appropriated  for  the  sup- 
port of  the  academical  department,  to  the  latter 
departments. 

g  21.  All  moneys  raised  for  the  use  of  the  union  Moneys  to 
free  schools  in  any  city  or  incorporated  village,  or  vfnape  orto 
apportioned  to  the  same  from  the  income  of  the  liter-  £yty  treasu 
ature,  common  school  or  United  States  deposit  funds, 
or  otherwise,  shall  be  paid  into  the  treasury  of  such 
city  or  village,  to  the  credit  of  the  board  of  educa- 
tion therein  ;   and  the  funds  so  received  into  such 
treasury  shall  be  kept  separate  and  distinct  from  any 
other  funds  received  into  the  said  treasury.     And 
the  officer  having  the  charge  thereof  shall  give  such 
additional  security  for  the  safe  custody  thereof  as 
the  corporate  authorities  of  such  city  or  village  shall 
require.     No  money  shall  be  drawn  from  such  funds,  Moneys, 
credited  to  the  several  boards  of  education,  unless  howdrawn- 
in  pursuance  of  a  resolution  or  resolutions  of  said 
board,  and  on  drafts  drawn   by  the  president  and 
countersigned  by  the  secretary,  payable  to  the  order 
of  the  person  or  persons  entitled   to   receive  such 
money,  and   stating    on  their  face  the  purpose  or 
service  for  which  such  moneys  have  been  authorized 
to  be  paid  by  the  said  board  of  education. 

§  22.  All  moneys  raised  for  the  use  of  said  union  payment, 
free  schools,  other  than  those  whose  limits  corres-  mentsfand 
pond    with   those   of   any   cities   and    incorporated  behoof 
villages,   or   apportioned   from   the  income  of   the  moneys. 
literature    or    common    school    or    United    States 
deposit  funds,  or   otherwise,  shall  be  paid   to  the 
respective  treasurers  of  the  said  several  boards  of 
education  entitled  to  receive  the  same,  and  be  by 
them  applied  to  the   uses  of  said  several   boards, 
who   shall    annually   render   their   accounts    of    all 
moneys  received  and  expended  by  them  for  the  use 
of  said  schools,  with  every  voucher  for  the  same, 
and  certified  copies  of  all  orders  of  the  said  boards 
touching  the  same,  to  the  school  commissioner  of 
the  town  in  which  the  principal  school  house  of  the 
district  is  located. 

§  23.   Every  academical  department,  established  Academical 
as  aforesaid,  shall  be  under  the  visitation  of  the    ePartment 


72 


ACT  RELATING  TO 


subject  to 

regents. 


Qualifica- 
tions of  pu- 
pils. 


May  adopt 

existing 

academy, 

procedure 

therefor. 


Subject  to 
superin- 
tendent of 
public  in- 
struction. 


Board  shall 
report  an- 
nually to 
school  com- 
missioner. 


Superin- 
tendent 
may  require 
special 
report. 


Superin- 
tendent 
may  remove 
any  mem- 


regents  of  the  university,  and  shall  be  subject,  in 
its  course  of  education  and  matters  pertaining 
thereto  (but  not  in  reference  to  the  buildings  or 
erections  in  which  the  same  is  held),  to  all  the  regu- 
lations made  in  regard  to  academies  by  the  said 
regents.  In  such  departments  the  qualifications  for 
the  entrance  of  any  pupil  shall  be  as  high  as  those 
established  by  the  said  regents  for  participation  in 
the  literature  fund  of  any  academy  of  the  state  under 
their  supervision. 

g  24.  AVhenever  a  union  free  school  shall  be  estab- 
lished under  the  provisions  of  this  title,  and  there 
shall  exist  within  its  district  an  academy,  the  board 
of  education,  if  thereto  authorized  by  a  vote  of  the 
voters  of  the  district,  may  adopt  such  academy  as 
the  academical  department  of  the  district,  with  the 
consent  of  the  trustees  of  the  academy,  and  there- 
upon the  trustees,  by  a  resolution  to  be  attested  by 
the  signatures  of  the  officers  of  the  board,  and  filed 
in  the  otfice  of  the  clerk  of  the  county,  shall  declare 
their  offices  vacant,  and  thereafter  the  said  academy 
shall  be  the  academical  department  of  such  union 
free  school. 

§  25.  Every  union  free  school  district,  in  all  its 
departments,  shall  be  subject  to  the  visitation  of  the 
superintendent  of  public  instruction.  He  is  charged 
with  the  general  supervision  of  its  board  of  educa- 
tion, and  their  management  and  conduct  of  all  its 
departments  of  instruction.  And  every  board  of 
education  shall  annually,  between  the  first  and  fif- 
teenth day  of  October,  make  to  the  commissioner 
having  jurisdiction,  and  deposit  in  the  town  clerk's 
office,  a  report  for  the  preceding  school  year,  of  all 
matters  and  things  which  trustees  of  a  school  district 
are  required  to  report,  and  of  all  such  other  matters 
and  things  as  the  superintendent  shall,  from  time  to 
time,  require;  and  shall  also,  whenever  thereto 
required  by  the  superintendent  of  public  instruction, 
report  fully  to  him  upon  any  particular  matter  or 
thing  ;  and  such  reports  shall  be  in  such  form,  and  so 
authenticated,  as  the  superintendent  shall,  from  time 
to  time,  require. 

g  26.  For  cause  shown,  and  after  giving  notice  of 
the  charge  and  opportunity  of  defense,  the  superin- 
tendent of  public  instruction  may  remove  any  mem- 


PUBLIC  INSTRUCTION. 


ber  of  a  board  of  education.  Willful  disobedience 
of  any  lawful  requirement  of  the  superintendent,  or 
a  want  of  due  diligence  in  obeying  such  requirement, 
is  cause  of  removal. 

§  27.  The  provisions  of  this  title  shall  apply  to  all 
union  free  schools  heretofore  organized  pursuant  to 
the  provisions  of  chapter  four  hundred  and  thirty- 
three  of  the  laws  of  eighteen  hundred  and  fifty-three. 


ber  of  the 
board. 


This  title 
applies  to 
schools  es- 
tablished 
under  the 
act  of  1853. 


TITLE  X. 


OF  SCHOOLS  FOR  COLORED  CHILDREN. 

Section  1.  The  school  authorities  of  any  city  or 
incorporated  village,  the  schools  of  which  are  or  shall 
be  organized  under  title  nine  of  this  act  or  under 
special  acts,  may,  when  they  shall  deem  it  expedient, 
establish  a  separate  school  or  separate  schools  for  the 
instruction  of  children  and  youth  of  African  descent, 
resident  therein,  and  over  five  and  under  twenty-one 
years  of  age ;  and  such  school  or  schools  shall  be  sup- 
ported in  the  same  manner  and  to  the  same  extent  as 
the  school  or  schools  supported  therein  for  white 
children,  and  they  shall  be  subject  to  the  same  rules 
and  regulations,  and  be  furnished  with  facilities  for 
instruction  equal  to  those  furnished  to  the  white 
schools  therein. 

§  2.  The  trustees  of  any  union  school  district,  or 
of  any  school  district  organized  under  a  special  act, 
may,  when  the  inhabitants  of  any  school  district  shall 
so  determine,  by  resolution  at  any  annual  meeting, 
or  at  a  special  meeting  called  for  that  purpose,  estab- 
lish a  separate  school  or  separate  schools  for  the 
instruction  of  such  colored  children  resident  therein, 
and  such  schools  shall  be  supported  in  the  same  man- 
ner, and  receive  the  same  care,  and  be  furnished  with 
the  same  facilities  for  instruction  as  the  white  schools 
therein. 

§  3.  No  person  shall  be  employed  to  teach  any 
of  such  schools  who  shall  not,  at  the  time  of  such 
employment,  be  legally  qualified. 

3  4.  Section  one  hundred  and  forty-seven  of  chap- 
ter four  hundred  and  eighty,  laws  of  eighteen  hun- 
dred and  forty-seven,  is  hereby  repealed. 

10 


Colored 
schools  in 
cities  and 
villages. 


Colored 
schools  in 
union  free 
school  dis- 
trict. 


Teacher 
must  he 
legally 
qualified. 

Former  act 
rcpcalod. 


74 


ACT  RELATING  TO 


Commis- 
sioner to 

hold  au  in- 
stitute. 


To  give  due 
notice,  &c. 


Superin- 
tendent to 
advise, 
employ 
teachers, 
&c. 


To  establish 
the  bases 
of  appor- 
tionment. 


Superin- 
tendent 
may  estab- 
lish regula- 
tions. 


TITLE  XL 

OF   TEACnERS'   INSTITUTES. 

Section  1.  It  shall  be  the  duty  of  every  school 
commissioner,  at  least  once  in  each  year,  to  organize 
in  his  own  district,  or,  in  concert  with  one  or  more 
commissioners  in  the  same  county,  to  organize  in  and 
for  the  combined  districts,  a  teachers'  institute,  and  to 
induce  if  possible,  all  the  teachers  in  his  district  to  be 
present  and  take  part  in  its  exercises. 

§  2.  The  commissioner  or  commissioners,  subject 
always  to  the  advice  and  direction  of  the  superin- 
tendent of  public  instruction,  shall,  in  such  form 
and  manner  as  may  be  deemed  most  effectual,  give 
public  notice  to  the  teachers  of  the  district,  or  com- 
bined districts,  and  to  all  others  who  may  desire  to 
become  such,  of  the  time  when  and  the  place  where 
the  institute  will  be  organized. 

§  3.  The  superintendent  of  public  instruction  shall 
advise  and  co-operate  with  the  school  commissioners 
in  fixing  the  times  and  places  of  holding  the  teach- 
ers' institute ;  and  he  shall  have  power  to  employ,  or 
cause  the  school  commissioners  to  employ,  suitable 
persons,  at  a  reasonable  compensation,  to  conduct 
aud  teach  the  institutes ;  and  he  shall  visit,  or  cause 
to  be  visited  by  persons  employed  in  the  depart- 
ment of  public  instruction,  such  and  so  many  of  the 
institutes  as  he  possibly  can,  for  the  purpose  of 
examining  into  the  course  and  manner  of  instruction 
pursued,  and  of  rendering  such  assistance  as  he  may 
rind  expedient;  and  he  shall  establish  the  bases  upon 
which  the  yearly  appropriation  for  the  support  of 
teachers'  institutes  shall  be  distributed  to  the  several 
institutes,  and  the  term  or  terms  during  which  the 
same  may  be  held,  having  reference,  in  the  estab- 
lishment of  such  regulations,  to  the  number  of 
teachers  in  the  county,  district  or  combined  districts, 
and  in  attendance  at  the  institute,  to  the  length 
of  time  during  which  they  shall  be  held,  to  the 
facilities  for  attendance  upon  them,  and  to  local  dis- 
advantages requiring  especial  consideration. 

<§  4.  The  superintendent  of  public  instruction  may 
establish  such  regulations  in  regard  to  certificates 
of  qualification  or  recommendation,  which  may  be 


PUBLIC  INSTRUCTION.  75 

issued  by  school  commissioners,  as  will  in  his  judg- 
ment   furnish    incentives    and    encouragement    to 
teachers  to  atteucl  the  institutes ;   and  the  closing  Teachers 
of  his  school  by  a  teacher  for  the  time  during  which  IKS 
an  institute  shall  be  held  in  and  for  the  county  or  contract6 
school  commissioner  district  in  which  his  school  is, 
and  which  institute  he  shall  have  attended  during 
the  time  for  which  he  closed  his  school,  shall  not 
work  a  forfeiture  of  the  contract  under  which  he  is 
teaching ;  and  he  shall  be  allowed  to  make  up  for 
the  time  spent  in  attending  the  institute,  by  .teaching 
the  school  the  same  length  of  time  immediately  at  the 
end  of  the  term  for  which  he  contracted  to  teach. 

§  o.  The  trustees  of  any  school  district  are  hereby  TmBteea 
authorized,  in  their  discretion,  to  give  to  the  teacher  theytfacher 
or  teachers  employed  by  them,  the  whole  or  any  part  thetime- 
of  the  time  spent  by  such  teacher  or  teachers  in 
attending  at  any  regular  session  or  sessions  of  an 
institute  in  a  county  embracing  the  school  district,  or 
a  part  thereof,  without  deducting  anything  from  his 
or  their  wages  for  the  time  so  spent ;  and  whenever 
the  trustees'  report  shows  that  a  district  school  has 
been  supported  for  the  full  time  required  by  law, 
including  the  time  spent  by  the  teacher  or  teachers  in 
their  employ,  in  attendance  upon  such  institute,  and 
that  the  trustees  have  given  the  teacher  or  teachers 
the  time  of  such  absence,  and  have  not  deducted  any- 
thing from  his  or  their  wages  on  account  thereof,  the 
superintendent  of  public  instruction  may  include 
the  district  in  his  apportionment  of  the  state  school 
moneys,  and  direct  that  it  be  included  by  the  school 
commissioner  or  commissioners  in  their  apportion- 
ment of  school  moneys,  provided  always  that  such 
school  district  be  in  all  other  respects  entitled  to  be 
included  in  such  apportionment. 

§  0.  The  treasurer  shall  pay,  on  the  warrant  of  the  Mode  of 
comptroller,  to  the  order  of  any  one  or  more  of  the  wmmt- 
school  commissioners,  such  sum  or  sums  of  money  as 
the  superintendent  of  public  instruction  shall  certify 
to  be  due  to  them  for  expenses  in  holding  a  teachers' 
institute ;  and,  upon  the  like  warrant  and  certificate, 
to  the  order  of  any  persons  employed  by  the  superin- 
tendent to  conduct  and  teach  any  teachers'  institute, 
his  reasonable  compensation  as  certified  by  the  super- 
intendent. 


76 


ACT  RELATING  TO 


To  trans-  §  7.  The  school  commissioner  or  commissioners  by 

logueand      whom  any  teachers'  institute  shall  be  organized,  shall 
theraVenn-  transmit  to  the  superintendent  of  public  instruction 
tendeut.       a  catalogue  of  the  names  of  all  persons  who  shall 
have  attended  such  institute,  with  such  other  statis- 
tical information,  in  such  form  and  within  such  time, 
as  may  be  prescribed  by  said  superintendent. 


TITLE  XII. 


Any  person 
may  appeal. 

From  what. 


Ibid. 


Ibid. 
Ibid. 


Superin- 
tendent's 
decision 
final. 

Power  of 
superin- 
tendent. 


ON    APPEALS     TO    THE    SUPERINTENDENT  OF    PUBLIC 

INSTRUCTION. 

Section  1.  Any  person  conceiving  himself  aggriev- 
ed in  consequence  of  any  decision  made  : 

1.  By  any  school  district  meeting ; 

2.  By  any  school  commissioner  or  school  commis- 
sioners and  other  officers,  in  forming  or  altering, 
or  refusing  to  form  or  alter,  any  school  district,  or  in 
refusiug  to  apportion  any  school  moneys  to  any  such 
district  or  part  of  a  district ; 

3.  By  a  supervisor  in  refusing  to  pay  any  such 
moneys  to  any  such  district ; 

4.  By  the  trustees  of  any  district  in  paying  or 
refusing  to  pay  any  teacher,  or  in  refusing  to  admit 
any  scholar  gratuitously  into  any  school ; 

5.  By  any  trustees  of  any  school  district  library 
concerning  such  library,  or  the  books  therein,  or  the 
use  of  such  books  ; 

6.  By  any  district  meeting  in  relation  to  the  library ; 

7.  By  any  other  official  act  or  decision  concerning 
any  other  matter  under  this  act,  or  any  other  act 
pertaining  to  common  schools,  may  appeal  to  the 
superintendent  of  public  instruction,  who  is  hereby 
authorized  and  required  to  examine  and  decide  the 
same  ;  and  his  decision  shall  be  final  and  conclusive, 
and  not  subject  to  question  or  review  in  any  place  or 
court  whatever. 

§  2.  The  superintendent,  in  reference  to  such 
appeals,  shall  have  power  : 

1.  To  regulate  the  practice  therein. 

2.  To  determine  whether  an  appeal  shall  stay  pro- 
ceedings, and  prescribe  conditions  upon  which  it 
shall  or  shall  not  so  operate. 


PUBLIC  INSTRUCTION.  77 

3.  To  decline  to  entertain,  or  to  dismiss,  an  appeal, 
when  it  shall  appear  that  the  appellant  has  no  inter- 
est in  the  matter  appealed  from,  and  that  the  matter 
is  not  a  matter  of  public  concern,  and  that  the  person 
injuriously  affected  by  the  act  or  decision  appealed 
from  is  incompetent  to  appeal. 

4.  To  make  all  orders,  by  directing  the  levying  of 
taxes  or  otherwise,  which  may,  in  his  judgment,  be 
proper  or  necessary  to  give  effect  to  his  decision. 

§  3.  The  superintendent  shall  file,  arrange  in  the  superin- 
order  of  time,  and  keep  in  his  office,  so  that  they  may  Bbauaie 
be  at  all  times  accessible,  all  the  proceedings  on  every  PaPerB- 
appeal  to  him  under  this  title,  including  his  decision 
and  orders  founded  thereon  ;  and  copies  of  all  such  copies  of 
papers  and  proceedings,  authenticated  by  him  under  majbenat. 
his  seal  of  office,  shall  be  evidence  equally  with  the  ^dby 
originals. 


TITLE  XIII. 

MISCELLANEOUS   PROVISIONS. 

Section  1.  Whenever  the  share  of  school  moneys  school 
or  any  portion   thereof,  apportioned   to  any  town,  penalties 
school   district    or  separate    neighborhood,   or  any  io8r8!heir 
money  to  which  a  town,  school  district  or  separate 
neighborhood  would  have  been  entitled,  shall  be  lost, 
in  consequence  of  any  willful  neglect  of  official  duty 
by  any  school  commissioner,  town  clerk,  trustees  or 
clerks  of  school  districts,  the  officer  or  officers  guilty 
of  such  neglect  shall  forfeit  to  the  town,  school  dis- 
trict or  separate  neighborhood  so  losing  the  same, 
the  full  amount  of  such  loss,  with  interest  thereon. 

3  2.  Where  any  penalty  for  the  benefit  of  a  school  JJ'gfJ* 
district,  or  of  the  schools  of  any  school  district,  town,  prosecute, 
school  commissioner  district,  or  county,  shall  be 
incurred,  and  the  officer  or  officers  whose  duty  it  is 
by  law  to  sue  for  the  same  shall  willfully  and  unrea- 
sonably refuse  or  neglect  to  sue  for  the  same,  such 
officer  or  officers  shall  forfeit  the  amount  of  such 
penalty  to  the  same  use,  and  it  shall  be  the  duty  of 
their  successor  or  successors  in  office  to  sue  for  the 
same. 

<S  3.  Anv  person  who  shall  willfully  disturb,  inter-  Disturbing 
rupt  or  disquiet  any  district  school  in  session,  or  any  BChooi 


78 


ACT  RELATING  TO 


house, 
penalty. 


Procedure. 


Penalty. 


Actions 
against 
school  offi- 
cers. 


persons  assembled,  with  the  permission  of  the  trus- 
tees of  the  district,  in  any  district  school  house,  for 
the  purpose  of  giving  or  receiving  instruction  in  any 
branch  of  education  or  learning,  or  in  the  science  or 
practice  of  music,  shall  forfeit  twenty-five  dollars, 
for  the  benefit  of  the  school  district. 

§  4.  It  shall  be  the  duty  of  the  trustees  of  the  dis- 
trict, or  the  teacher  of  the  school,  and  he  shall  have 
power,  to  enter  a  complaint  against  such  offender 
before  any  justice  of  the  peace  of  the  county,  or  the 
mayor  or  any  alderman,  recorder  or  other  magistrate 
of  the  city  wherein  the  offense  was  committed.  The 
magistrate  or  other  officer  before  whom  the  complaint 
is  made,  shall  thereupon  by  his  warrant,  directed  to 
any  constable  or  jjerson,  cause  the  person  complained 
of  to  be  arrested  and  brought  before  him  for  trial. 
If  such  person,  on  the  charge  being  stated  to  him, 
shall  plead  guilty,  the  magistrate  shall  convict  him  ; 
and,  if  he  demands  a  trial  by  the  magistrate,  shall 
summarily  try  him ;  and,  if  he  demands  a  trial  by 
jury,  the  magistrate  shall  issue  a  venire,  and  impan- 
nel  a  jury  for  his  trial,  and  he  shall  be  tried  in  the 
same  manner  as  in  a  court  of  special  sessions. 

§  5.  If  any  person  convicted  of  the  said  offense 
do  not  immediately  pay  the  penalty,  with  the  costs 
of  the  prosecution,  or  give  security  to  the  satisfac- 
tion of  the  magistrate  for  the  payment  thereof 
within  twenty  days,  the  magistrate  or  other  officer 
shall  commit  him  to  the  common  jail  of  the  county, 
there  to  be  imprisoned  until  the  penalty  and  costs  be 
paid,  but  not  exceeding  thirty  days. 

§  6.  In  any  action  against  a  school  officer  or  offi- 
cers, including  supervisors  of  towns,  in  respect  of 
their  duties  and  powers  under  this  act,  for  any  act 
performed  by  virtue  of  or  under  color  of  their  offi- 
ces, or  for  any  refusal  or  omission  to  perform  any 
duty  enjoined  by  law,  and  which  might  have  been 
the  subject  of  an  appeal  to  the  superintendent,  no 
costs  shall  be  allowed  to  the  plaintiff,  in  cases  where 
the  court  shall  certify  that  it  appeared  on  the  trial 
that  the  defendants  acted  in  good  faith.  But  this 
provision  shall  not  extend  to  suits  for  penalties,  nor 
to  suits  or  proceedings  to  enforce  the  decisions  of 
the  superintendent. 


PUBLIC  INSTRUCTION.  79 

§  7.  Whenever  the  trustees,  or  any  school  district  cost  of 
officer,  shall  have  been  instructed  by  a  resolution  of  dereTb0/ 
the  district  meeting-,  to  bring  or  defend  an  action  or  ^district 
proceeding  touching  any  district  property  or  claim  charee- 
of  the  district,  or  involving  its  rights  or  interests,  or 
to  continue  such  action  or  defense,  all   their  costs 
and  reasonable  expenses,  as  well   as  all  costs  and 
damages  adjudged  against  them,  shall  be  a  district 
charge,  and  shall  be  levied  by  tax.     If  the  amount 
claimed  by  them  be  disputed  by  a  district  meeting, 
it   shall   be  adjusted  by  the  county  judge  of  any 
county  in  which   the  district   or   any  part  of  it  is 
situate. 

§  8.  Whenever  such  trustees  or  any  school  district  Actions 
officer   shall   have    brought  or  defended   any   such  rlctsonVf1" 
action  or  proceeding,  without  any  such  resolution  of  ^8^' ex' 
the  district  meeting,  and  after  the  final  determina-  tow  paid, 
tion  of  such  suit  or  proceeding  shall  present  to  any 
regular  meeting  of  the  inhabitants  of  the  district  an 
account  in  writing  of  all  costs,  charges  and  expenses 
paid  by  him  or  them,  with  the  items  thereof,  and 
verified  by  his  or  their  oath  or  affirmation,  and  a 
majority   of  the   voters   at   such  meeting   shall   so 
direct,  it  shall  be  the  duty  of  the  trustees  to  cause 
the  same  to  be  assessed  upon  and  collected  of  the 
taxable  property  of  said  district,  in  the  same  manner 
as  other  taxes  are  by  law  assessed  and  collected ;  and 
when  so  collected,  the  same  shall  be  paid  over,  by 
an  order  upon  the  collector,  to  the  officer  or  officers 
entitled  to  receive  the  same  ;  but  this  provision  shall 
not  extend   to  suits  for   penalties,  nor  to  suits   or 
proceedings  to  enforce  the  decisions  of  the  superin- 
tendent of  public  instruction. 

§  0.  Whenever  any  officer  or  officers  mentioned  in  When  the 
the  last  preceding  section  of  this  act  shall  have  com-  lui^'what 
plied  with  the  provisions  of  said  section,  and  the  act,ou- 
inhabitants  shall  have  refused  to  direct  the  trustees 
to  levy  a  tax  for  the  payment  of  the  costs,  charges 
and  expenses  therein  mentioned,  it  shall  be  lawful  for 
him  or  them  then  and  there  to  give  notice  orally 
and  publicly,  that  he  will  appeal  to  the  county  judge 
of  the  county  in  which  the  school  house  of  said  dis- 
trict is  located,  from  the  refusal  of  said  meeting  to 
vote  a  tax  for  the   payment  of  said  claim,  and  the 
inhabitants  may  then  and  there,  or  at  any  subsequent 


80  ACT  RELATING  TO 

district  meeting,  appoint  one  or  more  of  the  inhabit- 
ants of  the  district  to  protect  the  rights  and  interests 
of  the  district  upon  said  appeal.  And  the  officer  or 
officers  before  mentioned  shall,  thereupon,  within  ten 
days,  serve  upon  the  clerk  of  said  district  (or  if  there 
be  no  such  clerk,  upon  the  town  clerk  of  the  town)  a 
copy  of  the  aforesaid  account  so  sworn  to,  together 
with  a  notice  in  writing,  that  on  a  certain  day  therein 
specified  he  or  they  intend  to  present  such  account  to 
the  county  judge  for  settlement.  And  the  clerk  shall 
record  such  notice,  together  with  the  copy  of  the 
account,  .and  the  same  shall  be  subject  to  the  inspec- 
tion of  the  inhabitants  of  the  district.  And  it  shall 
be  the  duty  of  the  person  or  persons  appointed  by 
any  district  meeting  for  that  purpose,  to  appear  before 
the  county  judge  on  the  day  mentioned  in  the  notice 
aforesaid,  and  to  protect  the  rights  of  the  district 
upon  such  settlement ;  and  the  expenses  incurred  by 
them  in  the  performance  of  this  duty  shall  be  a  charge 
upon  said  district,  and  the  trustees,  upon  presentation 
of  the  account  of  such  expenses,  with  the  proper 
vouchers  therefor,  may  levy  a  tax  therefor,  or  add 
the  same  to  any  other  tax  to  be  levied  by  them  ;  and 
their  refusal  to  levy  such  tax  for  the  payment  of  such 
expenses,  shall  be  subject  to  an  appeal  to  the  super- 
intendent of  public  instruction. 
ibid.  §  10.  Upon  the  appearance  of  the  parties,  or  upon 

due  proof  of  service  of  the  notice  and  copy  of  the 
account,  the  county  judge  shall  examine  into  the  mat- 
ter, and  hear  the  proofs  and  allegations  propounded 
by  the  parties,  and  decide  by  order  whether  or  no  the 
account,  or  any,  and  what  portion  thereof,  ought 
justly  to  be  charged  upon  the  district,  and  his  decision 
shall  be  final ;  but  no  portion  of  such  account  shall 
be  so  ordered  to  be  paid  which  shall  appear  to  the 
county  judge  to  have  arisen  from  the  willful  neglect 
or  misconduct  of  the  claimant.  The  account,  with 
the  oath  of  the  party  claiming  the  same,  shall  be 
prima  facie  evidence  of  the  correctness  thereof.  The 
county  judge  may  adjourn  the  hearing  from  time  to 
time,  as  justice  shall  seem  to  require. 

§  11.  It  shall  be  the  duty  of  the  trustees  of  any 
school  district,  within  thirty  days  after  service  of  a 
copy  of  such  order  upon  them  or  upon  the  district 
clerk  and  notice  thereof  to  them  or  any  two  of  them, 


PUBLIC  INSTRUCTION.  81 

to  cause  the  same  to  be  entered  at  length  in  the  book 
of  records  of  said  district,  and  to  raise  the  amount 
thereby  directed  to  be  paid,  by  a  tax  upon  the  dis- 
trict, to  be  by  them  assessed  and  levied  in  the  same 
manner  as  a  tax  voted  by  the  district. 

§  12.  For  the  support  of  the  Indian  schools,  already  Indian 
established  and  which  may  be  established,  under  8Ch00la- 
authority  of  chapter  seventy-one  of  the  Laws  of 
eighteen  hundred  and  fifty-six,  the  superintendent 
of  public  instruction,  in  his  annual  general  appor- 
tionment of  the  state  school  moneys  appropriated  for 
the  support  of  common  schools,  shall  make  an  equi- 
table apportionment,  as  provided  by  section  six  of 
title  three  of  this  act;  and  the  moneys  which  shall 
be  thus  apportioned,  and  those  which  have  been 
apportioned  for  their  support,  under  authority  of 
section  four,  chapter  seventy-one,  of  the  Laws  of 
eighteen  hundred  and  fifty-six,  shall  be  paid  out  of 
the  treasury  for  expenditures  authorized  by  law  and 
actually  incurred  in  the  support  of  such  schools,  upon 
the  warrant  of  the  superintendent,  countersigned  by 
the  comptroller. 

$  13.  The  superintendent  of  public  instruction,  so  Publication 
soon  as  may  be  after  the  passage  of  this  act  shall  pre-  statute,  &c. 
pare  and  cause  to  be  printed,  and  distribute  among 
the  school  districts  of  the  state,  to  each  one  copy,  an 
edition  of  this  statute,  with  brief  annotations  embody- 
in  <r  such  of  the  decisions  of  the  courts  of  the  state, 
and  of  the  superintendents  of  common  schools  and 
the  superintendents  of  public  instruction  as  are  appli- 
cable thereto,  and  such  comments,  explanations  and 
instructions  as  he  shall  deem  necessary  or  expedient, 
and  the  same  shall  be  deposited  with  the  district 
clerk,  and  kept  by  him  for  the  use  of  the  inhabitants. 

§  14.  All  provisions  of  law  repugnant  to  or  incon- 
sistent with  the  provisions  of  this  act,  are  hereby 
repealed,  saving  always  all  rights  of  action  vested 
under  such  prior  provisions,  and  proceedings  com 
inenced  for  the  assertion  thereof;  but  nothing  herein 
contained,  unless  it  be  so  expressed,  shall  be  con- 
strued, unless  by  inevitable  implication,  to  revive 
any  act  or  portion  of  an  act  heretofore  repealed  ;  nor 
to  impair  or  in  any  manner  affect  or  change  any 
special  law  touching  the  schools  or  school  system  of 
any  city  or  incorporated  village  of  the  state, 
ll 


82  ACT  1 J  ELATING  TO 


CHAP.  800 

AN  ACT  to  provide  for  the  appraisal  of,  and  acquir- 
ing- Title  to  Lauds  taken  for  or  in  addition  to  Sites 
for  District  School  Houses. 

Passed  April  25,  1866;  three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  asfolloics: 

Section  1.  Land  for  the  site  of  a  district  school 
house,  or  additional  land  adjoining"  to  and  for  the 
enlargement  of  an  established  site,  not  exceeding  one 
acre,  may  be  acquired  in  cases  where  the  owner  or 
owners  thereof,  or  some  of  them,  shall  not  consent  to 
sell  the  same  for  such  jmrpose,  or  the  trustee  or  trus- 
tees of  the  district  cannot  agree  with  such  owner  or 
owners,  or  some  of  them,  upon  the  price  or  value 
thereof,  as  follows : 

A  petition  shall  be  prepared  for  presentation  to  the 
county  court  of  the  county  in  which  the  land  is  situ- 
ated, at  some  regular  term  thereof,  signed  by  the 
trustee  or  trustees  of  the  district,  or  a  majority  of 
them,  setting  forth  that  the  inhabitants  of  the  district 
have  designated  or  desire  to  obtain  the  land  for  the 
site  of  a  district  school  house,  or  in  addition  to  and 
for  the  enlargement  of  that  already  established  as 
such  site,  describing  such  land  by  its  locality  and  by 
particular  metes  and  bounds,  stating  the  quantity 
thereof  as  nearly  as  may  be,  with  the  name  or  names, 
and  place  or  places  of  residence  of  the  owner  or  own- 
ers, and  that  the  consent  of  such  owner  or  owners,  or 
some  of  them,  to  sell  such  land  for  said  purpose,  can- 
not be  obtained,  or  that  the  trustee  or  trustees  cannot 
agree  with  him  or  them,  or  some  of  them,  upon  a  rea- 
sonable price  therefor,  and  praying  for  the  appoint- 
ment of  commissioners  to  appraise  the  same.  At  the 
time  of  presenting  the  said  petition,  or  at  any  time 
afterwards,  the  trustees  may  file  with  the  clerk  of 
the  county  in  which  the  land  is  situated,  a  notice 
of  the  pendency  of  the  proceedings,  containing-  the 


SITES  FOR  SCHOOL  HOUSES.  83 

object  thereof,  and  a  description  of  the  land  and  the 
names  of  the  parties  to  be  affected  thereby.  From 
the  time  of  filing  only  shall  the  said  notice  be  con- 
structive notice  to  a  purchaser  or  incumbrancer  of 
property  affected  thereby  ;  and  every  person  whose 
conveyance  or  incumbrance  is  subsequently  executed 
or  subsequently  recorded,  shall  be  deemed  a  subse- 
quent purchaser  or  incumbrancer,  and  shall  be  bound 
by  all  proceedings  taken  after  the  riling  of  such  notice, 
to  the  same  extent  as  if  he  was  made  a  party  to  the 
proceedings. 

A  copy  of  said  petition  with  a  notice  thereto  annex- 
ed of  the  time  and  place  when  and  where  the  same 
will  be  presented  to  the  county  judge  holding  said 
county  court,  addressed  to  the  owner  or  owners  of 
the  required  lauds,  shall  be  served  in  all  cases,  except 
as  hereinafter  allowed,  as  follows :  Upon  each  per- 
son to  whom  the  notice  is  addressed,  who  resides  in 
the  county  in  which  the  land  is  situated,  by  deliver- 
ing to  each  such  person,  or  in  case  of  his  absence  by 
leaving  at  his  dwelling  house  or  usual  place  of  abode 
or  business,  such  copy  and  notice,  at  least  thirty  days 
before  the  day  specified  in  the  notice  for  the  presenta- 
tion of  the  petition.  Upon  each  such  person  who 
shall  reside  out  of  such  county,  by  depositing  such 
copy  and  notice  in  one  of  the  post-offices  nearest  to 
said  land,  directed  to  such  person  at  his  reputed 
place  of  residence,  and  paying  the  proper  postage 
thereon,  at  least  forty  days  before  the  day  specified 
in  the  notice  for  the  presentation  of  the  petition,  if 
such  place  of  residence  be  within  this  state,  and  at 
least  sixty  days  before  that  day  if  such  place  of  resid- 
ence be  out  of  this  state,  except  that  if  such  place  of 
residence  be  in  the  upper  peninsula  of  Michigan,  or 
in  any  state  or  territory  of  the  United  States  west 
of  the  Mississippi  river,  except  the  states  of  Iowa, 
Missouri,  Arkansas  and  Louisiana  or  any  place  out 
of  the  jurisdiction  of  the  United  States,  then  at  least 
four  months  before  such  specitied  day  of  presenta- 
tion. If  any  such  owner  or  owners  shall  reside  out 
of  the  state,  and  shall  have  an  agent  or  attorney 
residing  therein,  authorized  to  convey  or  contract  for 
the  sale  of  his  or  their  interest  in  said  lands  who 
shall  not  consent,  or  with  whom  the  trustee  or  trus- 
tees cannot  agree  as  aforesaid,  then  and  in  that  case 


84  ACT  RELATING  TO 

the  service  of  the  copy  of  petition  and  of  notice 
aforesaid  may  be  made  upon  such  agent  or  attorney 
instead  of  upon  such  owner  or  owners,  either  person- 
al^ or  by  depositing  the  same  in  a  post-office  as 
aforesaid,  directed  to  such  agent  or  attorney  at  his 
place  of  residence,  and  paying  postage  as  aforesaid, 
the  same  number  of  days  or  months  before  the  said 
specified  day  for  the  presentation  of  the  petition,  as 
if  the  service  were  upon  such  owner  or  owners,  as 
hereinbefore  required.  If  any  such  owner  shall  be 
an  infant,  under  the  age  of  twenty-one  years,  such 
service  shall  be  made  on  his  general  guardian ;  if 
there  be  no  such  guardian,  on  the  infant,  if  over  four- 
teen years  of  age,  and  if  under  that  age,  on  the  person 
with  whom  such  infant  shall  reside,  in  each  case  in 
the  same  mode,  and  the  same  number  of  days  or 
months  before  the  specified  day  for  the  presentation 
of  the  petition,  as  if  the  service  were  upon  an  adult 
owner,  according  to  the  place  of  residence  of  such 
guardian,  infant,  or  person  with  whom  such  infant 
resides,  upon  whom  service  is  made.  If  any  such 
owner  shall  be  an  idiot,  or  of  unsound  mind,  service 
shall  be  made  upon  the  committee  of  his  person  or 
estate  ;  or,  if  there  be  no  such  committee,  then  upon 
the  person  who  shall  have  the  care  of  such  idiot  or 
person  of  unsound  mind,  in  the  same  mode  and  the 
same  number  of  days  before  presentation  of  the  peti- 
tion, as  in  other  cases.  In  all  other  cases  service  of 
copies  of  the  petition,  of  notices,  appointments  of 
guardians  or  committees,  orders  or  other  papers  in 
the  proceedings  under  this  act,  or  in  connection  there- 
with, shall  be  made  as  the  county  judge  holding  the 
court  in  which  the  proceedings  are  had  shall  direct. 
§  2.  On  presenting  such  petition  to  the  county 
court  aforesaid,  on  the  day  specified  for  its  presenta- 
tion as  aforesaid,  with  proof  of  service  of  a  copy  or 
copies  thereof  and  notice,  and  of  other  papers  as 
hereinbefore  required,  all  persons  whose  estate  or 
interest  are  to  be  affected  by  the  proposed  proceed- 
ings, relative  to  the  land  described  in  the  petition, 
may  appear  in  person  or  by  attorney,  or  other  proper 
representative,  before  the  said  court,  and  show  cause 
against  granting  the  prayer  of  the  petitioners.  The 
said  court  shall  hear  the  proofs  and  allegations  of 
the  parties,   and  if  no  sufficient  cause  be  shown 


SITES  FOR  SCHOOL  HOUSES.  85 

against  granting  the  prayer  of  the  petitioners,  shall 
make  an  order  appointing  three  disinterested  and 
suitable  persons,  residing  in  the  same  county,  neither 
of  whom  shall  be  an  inhabitant  of  the  school  dis- 
trict named  in  the  petition,  or  interested  in  any 
taxable  property  therein,  or  who  shall  be  within  two 
degrees  of  relationship,  by  blood  or  marriage,  to  any 
owner  of  such  taxable  property,  or  to  any  owner  of 
the  land  described  in  such  petition,  as  commissioners 
to  appraise  the  said  land,  and  to  award  the  compen- 
sation to  be  made  to  the  owner  or  owners  thereof  for 
the  same,  for  the  purposes  specified  in  said  petition  ; 
and  the  said  court  shall  specify  and  appoint  in  such 
order  the  time  and  place  within  said  school  district, 
for  the  first  meeting  of  said  commissioners,  and  also 
the  time  and  place,  when  and  where  said  county 
court  will  receive  the  report  of  said  commissioners 
of  their  proceedings  and  award  in  the  premises,  for 
confirmation. 

§  3.  The  said  commissioners,  before  entering  upon 
their  duties,  shall  be  sworn  before  some  officer  author- 
ized to  administer  oaths,  that  they  will  fairly  and 
impartially  view  the  land  in  question,  hear  the  proofs 
and  allegations  of  the  parties  interested,  and  make 
a  just  and  reasonable  award  of  the  compensation  to 
be  paid  by  the  school  district  for  the  said  land,  to  be 
appropriated  for  a  site  or  part  of  a  site  for  a  district 
school  house.  The  said  commissioners  shall  have 
power  to  issue  subpoenas  and  administer  oaths  to 
witnesses,  and  a  majority  of  them  may  adjourn  the 
proceedings  from  time  to  time  if  necessary.  They 
shall  also  view  the  land  in  question,  hear  the  proofs 
and  allegations  of  parties,  reduce  the  testimony 
given,  if  any,  to  writing;  and  without  unnecessary 
delay  they,  or  a  majority  of  them,  shall  appraise  the 
said  land  and  determine  and  award  the  compensa- 
tion which  ought  to  be  made  therefor  by  said  school 
district,  to  the  party  or  parties  owning  the  same. 
They  shall  make  a  written  report  of  their  proceed- 
ings and  award  in  the  case,  signed  by  them,  or  a 
majority  of  them,  which  shall  be  accompanied  by 
the  minutes  of  the  testimony  taken  by  them,  and 
shall  deliver  the  same  to  the  county  judge  of  the 
county  on  or  before  the  day  named  in  the  order 
appointing  them,  for  receiving  such  report  for  con- 


86  ACT  RELATING  TO 

firmation.  The  said  commissioners  shall  be  entitled 
to  two  dollars  per  day  for  their  services,  which  shall 
be  a  charge  upon  and  be  paid  by  the  school  dis- 
trict in  whose  behalf  the  land  in  question  has  been 
appraised  by  them  as  aforesaid. 

g  4.  On  the  day  and  at  the  time  and  place  appointed 
in  the  order  aforesaid  for  receiving  such  report,  the 
county  court  aforesaid,  on  being  satisfied  of  the  reg- 
ularity and  fairness  of  the  previous  proceedings,  shall 
make  an  order  reciting  the  proceedings,  giving  a  de- 
scription of  the  laud  appraised,  confirming  the  report 
and  directing  to  whom  the  compensation  awarded 
shall  be  paid,  or  where  and  with  whom  the  same 
shall  be  deposited.  A  certified  copy  of  the  last  men- 
tioned order  shall,  without  unnecessary  delay,  be 
delivered  by  the  judge  holding  said  county  court  to 
the  trustee  or  trustees  aforesaid,  or  to  one  of  them, 
whose  duty  it  shall  be  forthwith  to  cause  the  same 
to  be  recorded  at  the  expense  of  the  said  school  dis- 
trict, in  the  office  of  the  county  clerk  of  the  county 
in  which  the  land  therein  described  is  situated.  The 
trustee  or  trustees  are  hereby  authorized  and  directed, 
on  the  filing  of  said  order  with  the  county  clerk  as 
aforesaid,  forthwith  to  levy  a  district  tax  for  a  sum 
sufficient  to  pay  the  compensation  named  in  said 
award  and  the  expense  of  recording  said  order. 

§  5.  Upon  said  order  being  recorded  as  aforesaid, 
and  upon  the  payment  or  deposit  of  the  amount  of 
compensation  awarded  for  said  laud,  all  the  right, 
title  and  interest  of  the  owner  and  owners  aforesaid, 
in  and  to  the  said  land,  shall  vest  in  the  school  dis- 
trict in  whose  behalf  the  proceedings  aforesaid  were 
instituted ;  and  the  trustee  or  trustees  of  such  dis- 
trict shall  be  entitled  to  enter  upon,  take  possession 
of,  occupy  and  use  said  land  for  the  purpose  set  forth 
in  their  petition  aforesaid ;  and  all  land  acquired  by 
any  school  district  pursuant  to  the  provisions  of  this 
act,  shall  be  deemed  to  be  taken  for  public  use. 

§  6.  The  proceeds  of  every  such  awTard  shall  be 
divided  amongst  the  parties  whose  rights  and  inter- 
ests shall  have  been  sold,  in  proportion  to  their 
respective  rights  in  the  premises ;  and  the  share  of 
such  of  the  parties  as  are  of  full  age  shall  be  paid  to 
them  or  their  legal  representatives  by  the  commis- 
sioners, or  shall  be  brought  into  court  for  their  use. 


SITES  FOR  SCHOOL  HOUSES.  87 

§  7.  When  any  of  such  known  parties  are  infants, 
the  court  may,  in  its  discretion,  direct  the  share  of 
such  infants  to  be  paid  over  to  the  general  guardian 
on  proper  security  being  filed,  or  to  be  invested  in 
permanent  securities  at  interest,  in  the  name  and  for 
the  benefit  of  such  infants,  or  be  deposited  in  some 
trust  company  or  savings  bank  to  abide  the  further 
order  of  the  court. 

g  8.  When  any  of  the  parties  whose  interests  have 
been  sold  are  absent  from  the  state,  or  are  not  known 
or  named  in  the  proceedings,  the  court  shall  direct 
the  shares  of  such  parties  to  be  invested  in  perma- 
nent securities  at  interest,  or  to  be  deposited  in  some 
trust  company  or  saviugs  bank  to  abide  the  further 
order  of  the  court,  for  the  benefit  of  such  parties, 
until  claimed  by  them  or  their  legal  representatives. 

g  9.  When  the  proceeds  of  a  sale  belonging  to  any 
tenant  in  dower,  or  by  the  courtesy,  or  for  life,  shall 
be  brought  into  court  as  hereinbefore  directed,  the 
court  shall  direct  the  same  to  be  invested  in  perma- 
nent securities  at  interest,  so  that  such  interest  shall 
annually  be  paid  to  the  parties  entitled  to  such  estate 
during  their  lives  respectively,  unless  such  parties 
shall  elect  to  accept  a  sum  in  gross  in  lieu  thereof. 

§  10.  The  court  may,  in  its  discretion,  require  all 
or  any  of  the  parties,  before  they  shall  receive  any 
share  of  the  moneys  arising  from  such  sale,  to  give 
security  to  the  satisfaction  of  such  court  to  refund 
the  said  shares  witli  interest  thereon,  in  case  it  shall 
thereafter  appear  that  such  party  was  not  entitled 
thereto. 

§  11.  The  amounts  of  all  commissioners'  fees,  and 
of  all  expenses  incurred  by  or  in  behalf  of  any  school 
district,  in  pursuance  of  the  provisions  of  this  act, 
shall  be  a  charge  upon  such  district,  and  be  levied 
and  collected  by  tax  in  the  same  manner  as  other 
district  taxes  are  levied  and  collected  therein. 

§  12.  This  act  shall  not  apply  to  cities ;  nor  shall  it 
be  lawful  under  this  act  to  acquire  title  to  any  garden 
or  orchard,  or  any  part  thereof,  without  the  consent 
of  the  owner,  nor  to  any  part  of  any  yard  or  inclos- 
ure  necessary  to  the  use  and  enjoyment  of  buildings 
or  any  fixtures  or  erections  for  the  purposes  of  trade 
or  manufactures,  without  the  consent  of  such  owner. 

g  13.'  This  act  shall  take  effect  immediately. 


88  ACT  RELATING  TO 


CHAP.  761. 

AN  ACT  authorizing  the  taxation  of  stockholders  of 
Banks,  and  the  surplus  funds  of  Savings  Banks. 

Passed  April  23,  1866. 

The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  folhws : 

Section  1.  No  tax  shall  hereafter  be  assessed  upon 
the  capital  of  any  bank  or  banking  association  organ- 
ized under  the  authority  of  this  state,  or  of  the  United 
States,  but  the  stockholders  in  such  banks  and  bank- 
ing associations  shall  be  assessed  and  taxed  on  the 
value  of  their  shares  of  stock  therein ;  said  shares 
shall  be  included  in  the  valuation  of  the  personal 
property  of  such  stockholder,  in  the  assessment  of 
taxes  at  the  place,  town,  or  ward  where  such  bank  or 
banking  association  is  located,  and  not  elsewhere, 
whether  the  said  stockholder  reside  in  said  place, 
town  or  ward,  or  not,  but  not  at  a  greater  rate  than 
is  assessed  upon  other  moneyed  capital  in  the  hands 
of  individuals  in  this  state.  And  in  making  such 
assessment  there  shall  also  be  deducted  from  the 
value  of  such  shares  such  sum  as  is  in  the  same  pro- 
portion to  such  value  as  is  the  assessed  value  of  the 
real  estate  of  the  bank  or  banking  association,  and 
in  which  any  portion  of  their  capital  is  invested,  in 
which  said  shares  are  held,  to  the  whole  amount  of 
the  capital  stock  of  said  bank  or  banking  association. 
And  provided,  further,  that  nothing  herein  contained 
shall  be  held  or  construed  to  exempt  from  taxation 
the  real  estate  held  or  owned  by  any  such  bank  or 
banking  association ;  but  the  same  shall  be  subject 
to  state,  county,  municipal  and  other  taxation  to  the 
same  extent  and  rate  and  in  the  same  manner  as 
other  real  estate  is  taxed. 

g  2.  Every  individual  banker  doing  banking  busi- 
ness under  the  laws  of  this  state,  is  hereby  required 
to  declare  upon  oath  before  the  assessor  the  amount 
of  capital  invested  in  such  banking  business,  and 


BANK  TAXATION.  89 

each  one  hundred  dollars  of  such  capital  for  the  pur- 
pose of  this  act,  and  for  the  purpose  of  taxation  sball 
be  held  and  regarded  as  one  individual  share  in  such 
banking  business,  and  such  shares  are  hereby  declared 
to  be  personal  property.  If  such  banker  have  part- 
ners he  shall  declare  upon  oath  before  the  assessor 
the  number  of  shares  held  by  each  of  them  in  such 
banking  business,  ascertained  as  above  provided,  and 
the  shares  so  held  by  any  partner  shall  be  included 
iu  the  valuation  of  his  taxable  property  in  the  assess- 
ment of  all  taxes  levied  in  the  town,  school  district 
or  ward  where  such  individual  banker  is  located, 
and  not  elsewhere ;  and  such  individual  banker  shall 
pay  the  same  and  make  the  amount  so  paid  a  charge 
in  the  accounts  with  such  partners ;  and  if  such 
individual  banker  have  no  partners  he  shall  be  held 
to  be  sole  owner  of  all  the  shares  in  such  business  of 
banking,  and  the  same  shall  be  included  in  the  valu- 
ation of  his  personal  property  in  the  assessment  of 
all  taxes  levied  in  the  town,  school  district  or  ward 
where  his  bank  is  located,  and  not  elsewhere. 

§  3.  There  shall  be  kept  at  all  times  in  the  office 
where  the  business  of  such  bank  or  banking  asso- 
ciation, organized  under  the  authority  of  this  state 
or  of  the  United  States,  shall  be  transacted,  a  full 
and  correct  list  of  the  names  and  residences  of  all 
the  stockholders  therein,  and  of  the  number  of  shares 
held  by  each;  and  such  list  shall  be  subject  to  the 
inspection  of  the  officers  authorized  to  assess  taxes 
during  the  business  hours  of  each  day  in  which 
business  may  be  legally  transacted. 

§  4.  Sections  ten  and  eleven  of  chapter  ninety- 
seven  of  the  session  laws  of  eighteen  hundred  and 
sixty-five  are  hereby  repealed. 

§  5.  When  the  owner  of  stock  in  any  bank  or 
banking  association,  organized  under  the  laws  of 
this  state  or  of  the  United  States,  shall  not  reside 
in  the  same  place  where  the  bank  or  banking  asso- 
ciation is  located,  the  collector  and  county  treasurer 
shall,  respectively,  have  the  same  powers  as  to  col- 
lecting the  tax  to  be  assessed  by  this  act,  as  they 
have  by  statute,  when  the  person  assessed  has 
removed  from  the  town,  ward  or  county  in  which  the 
assessment  was  made;  and  the  county  treasurer, 
receiver  of  taxes,  or  other  officers  authorized  to 
12 


90  ACT  RELATING  TO  BANK  TAXATION. 

receive  said  tax  from  the  collector,  may  all  or  either 
of  them  have  an  action  to  collect  the  tax  from  the 
avails  of  the  sale  of  his  shares  of  stock,  and  the  tax 
on  the  share  or  shares  of  said  stock  shall  be  and 
remain  a  lien  thereon  till  the  payment  of  said  tax. 

§  0.  For  the  purpose  of  collecting  such  taxes,  and 
in  addition  to  any  other  laws  of  this  state,  not  in 
conflict  with  the  constitution  of  the  United  States, 
relative  to  the  imposition  of  taxes,  it  shall  be  the 
duty  of  every  such  bank  or  banking  association,  and 
the  managing  officer  or  officers  thereof,  to  retain  so 
much  of  any  dividend  or  dividends  belonging  to 
such  stockholders  as  shall  be  necessary  to  pay  any 
taxes  assessed  in  pursuance  of  this  act,  until  it  shall 
be  made  to  appear  to  such  officers  that  such  taxes 
have  been  paid. 

$  7.  The  privileges  and  franchises  granted  by  the 
legislature  of  the  state,  to  savings  banks  or  institu- 
tions for  savings,  are  hereby  declared  to  be  personal 
property  and  liable  to  taxation  as  such  in  the  town 
or  ward  where  they  are  located,  to  an  amount  not 
exceeding  the  gross  sum  of-  their  surplus  earned,  and 
in  the  possession  of  said  banks  or  institutions ; 
and  the  officers  of  such  institutions  or  banks,  may 
be  examined  on  oath  by  assessors,  as  to  the  amount 
of  such  surplus ;  and  the  property  of  such  banks  and 
institutions  shall  be  liable  to  seizure  and  sale  for  the 
payment  of  all  taxes  assessed  upon  them  for  said 
privileges  and  franchises. 

S  8.  This  act  shall  take  effect  immediately. 


FORMS.  gi 


Form  of  icarrant  for  the  collection  of  a  district  tax  or  rate 

bill. 

To  the  collector  of  school  district  No.         ,  in  the  town  of 
,  county  of  : 

You  ai-e  hereby  commanded  to  receive  from  each  of  the 
taxable  inhabitants  and  corporations  named  in  the  foregoing 
list,  and  of  the  owners  of  the  real  estate  described  therein, 
the  several  sums  mentioned  in  the  last  column  of  the  said 
list,  opposite  to  the  persons  and  corporations  so  named,  and 
to  the  several  tracts  of  land  so  described,  or  so  much  thereof 
as  may  be  voluntarily  paid  to  you  for  two  successive  weeks 
after  the  delivery  to  you  of  this  warrant,  together  with  one 
cent  on  each  dollar  thereof  for  your  fees ;  and  after  the  expir- 
ation of  the  time  above  mentioned,  to  proceed  forthwith  to 
collect  the  residue  of  the  sums  not  so  paid  in  as  aforesaid, 
with  five  cents  on  each  dollar  thereof  for  your  fees ;  and  in 
case  any  person  upon  whom  such  tax  is  imposed,  shall 
neglect  or  refuse  to  pay  the  same,  you  are  to  levy  the  same 
by  distress  and  sale  of  the  goods  and  chattels  of  the  person 
or  corporation  so  taxed,  in  the  same  manner  as  on  warrants 
issued  by  the  board  of  supervisors  to  the'collectors  of  taxes 
in  towns ;  and  you  are  to  make  a  return  of  this  warrant 
within  thirty  days  after  the  delivery  thereof  to  you ;  and  if 
any  tax  on  the  real  estate  of  a  non-resident  mentioned  in  the 
said  list,  shall  be  unpaid  at  the  time  when  you  are  required 
to  return  this  warrant,  you  are  to  deliver  to  the  trustees  of 
the  said  district  an  account  thereof,  according  to  law.  All 
moneys  received  or  collected  by  you  by  virtue  of  this  war- 
rant, you  are  to  keep  safely,  and  to  pay  out  the  same  on  the 
written  order  of  a  majority  of  the  trustees. 

Given  under  our  hands  this  day  of  ,  in  the 

year  one  thousand  eight  hundred  and  sixty- 

A.  B., 

C.  D.,  \  Trustees. 

E.  F. 


Form  of  bond  to  be  given  by  district  collector  for  the  faith- 
ful performance  of  his  official  duties. 

Know  all  men  by  these  presents,  that  we,  A.  B.,  C.  D.  and 
R.  S.  (the  collector  and  his  sureties),  are  held  and  firmly 
bound  to  E.  F.,  G.  II.  and  L.  M.,  trustees  of  school  district 
No.         ,  in  the  town  of  ,  county  of  ,  in  the 

sum  of  (here  insert  the  amount  of  bail  fixed  by  the  district 


Note. —  Collectors  are  now  reouircd  by  law  to  execute  a  bond  beforo 
receiving  the  first  warrant  for  collection  of  a  tax  or  rate  bill.  (See  section 
83,  title  7.) 


92  FORMS. 

meeting  or  by  the  trustees),  to  be  paid  to  the  said  E.  F.,  G. 
H.  and  L.  M.,  trustees  as  aforesaid,  or  to  the  survivor  or  sur- 
vivors of  them,  or  their  successors ;  to  which  payment,  well 
and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors 
and  administrators,  firmly  by  these  presents.  Sealed  with 
our  seals,  and  dated  this  day  of  ,  18     . 

Whereas  the  above  bounden  A.  B.  has  been  chosen  (or 
appointed)  collector  of  the  above  mentioned  school  district 
No.         ,  in  the  town  of  ,  in  conformity  to  the  stat- 

utes relating  to  common  schools ;  now,  therefore,  the  condi- 
tion of  this  obligation  is  such,  that  if  the  said  A.  B.  shall 
well  and  truly  collect  and  properly  account  for  all  moneys 
received  by  him  as  such  collector,  and  shall,  in  all  respects, 
duly  and  faithfully  execute  all  the  duties  of  his  office  as  col- 
lector of  such  district,  then  this  obligation  shall  be  void, 
otherwise  to  be  in  full  force  and  effect. 

A.  B. 

C.  D. 

R.  S. 
Signed,  sealed  and  delivered  ) 
in  the  presence  of  j 


l.  s. 
L.  s. 

L.  S. 


Note.— United  States  internal  revenue  stamps,  to  the  value  of  one 
dollar,  must  be  properly  affixed  to  the  collector's  bond,  and  be  canceled 
by  the  persons  signing  the  same. 


INDEX. 


Page. 

Actions  against  School  Officers, 78-80 

Annulment  of  Teacher's  Certificate  : 

By  state  superintendent, 7 

By  school  commissioners, 11 

Appeals  to  State  Superintendent, 76 

Apportionment  of  School  Moneys: 

By  state  superintendent, 14-1 7 

Supplemental, 1G,  17 

Deficiencies  in,  how  made  up, 17 

By  school  commissioners, 20-23 

Certificate  of, 22 

Erroneous,  how  rectified, 23 

Blind,  institution  for  the, 4,  5 

Boundaries  of  School  Districts, 10 

Clerk  of  School  District  : 

Must  notify  persons  elected  to  district  offices, 39 

General  duties  of, 40-42 

Clerks  in  Superintendent's  Office, 4 

Collector : 

District  meeting  may  fix  bail  of, 35 

Vacates  office  by  not  giving  bonds, 39 

To  return  uncollected  non-resident  tax, 54 

To  execute  bond, 56 

May  receive  voluntary  payments  for  two  weeks, 56 

Fees  of, 56 

To  have  custody  of  certain  district  moneys, 57 


94  INDEX. 

Collector  —  continued :  Page. 

Shall  report  at  annual  meeting, 67 

Shall  make  up  for  district  money  lost  through  his  neglect, 58 

Form  of  collector's  bond, 91 

Colored  Schools 73 

Contingent  Fund, 14 

Deaf  and  Dumb,  Institution  for  the, 4,  5 

Deputy  State  Superintendent,  appointment  of, 3 

Districts: 

What  are  entitled  to  public  moneys, .' 23 

Joint,  must  bear  same  No.  in  each  commissioner  district, 28 

Formation,  alteration  and  dissolution  of, 28-31 

Special  meetings  in, 32 

Annual  meetings  in, 33 

Officers  of,  qualifications  and  terms  of  office, 38 

may  resign, 40 

May  unite  libraries, 60 

Powers  of  inhabitants  at  district  meetings.     (See  Meetings.) 

Exemption  : 

From  payment  of  rate  bill, 45 

May  be  collected  by  tax, 45 

Fines  and  Penalties  : 

How  paid  and  apportioned, 19,  20 

Where  supervisor  refuses  to  give  bonds, 23 

embezzles  school  moneys, 24 

neglects  to  make  certain  returns 25 

Duty  of  supervisor  to  sue  for, 26 

For  refusal  to  give  notice  of  district  meeting, 32 

illegal  voting, 34 

refusal  to  serve  in  district  office, 40 

"Where  trustee  employs  unqualified  teacher, 42 

fails  to  render  annual  account  of  moneys, 48 

For  making  false  report, 50 

neglect  of  library  by  trustees, 62 

loss  of  school  moneys,  through  neglect, 77 

neglect  to  prosecute  as  required  by  law, 77 

disturbing  school  meeting, 77 

Gospel  and  School  Lots, 18 

Lndian  Schools  : 

Equitable  sum  to  be  set  apart  for, 14 

Appropriation  for, 81 


INDEX.  95 

Joint  District:  Page. 

Must  bear  same  number  in  each  commissioner  district, 28 

Formation  of. 28 

Dissolution  of, 30 

Librarian,  duties  of, 42 

Libraries  : 

Apportionment  of  moneys  for, 14,  21 

Trustee  may  insure, 44 

When  library  money  amounts  to  less  than  $3,  it  may  be  applied  to  pay- 
ment of  teacher's  wages, 46,  59 

Tax  and  state  moneys  for, 58 

Trustees  to  have  custody  of, 59 

liable  for  books  lost  or  injured, 59 

Of  two  districts  may  be  united, 60 

Rules  respecting, 61 

Penalty  for  neglect  of,  by  trustees, 62 

# 

License  to  Teach  : 

Examination  for, 11 

Annulment  of, 7,  11 

Meetings,  School  District  : 

Notice  of,  in  new  district, 31 

"When  commissioner  may  call, 32 

Special,  how  called, 32 

Annual,  when  to  be  held,  and  manner  of  proceeding  when  not  held, 33 

Duty  of  inhabitants  to  attend, 34 

Qualification  of  voters  at, 34 

Challenge  of  voters  at, 34 

Illegal  voting  at, 34 

Powers  of  inhabitants  at 34-36 

Neighborhoods  : 

Apportionment  to, 21 

Formation  and  dissolution  of, 28 

Annual  meetings  in, 33 

Powers  of  meetings  in, 34 

Clerk  of, 40 

To  report  to  commissioners, 50 

Penalties.     (See  Fines  and  Penalties.) 

Public  Money,  trustees  to  divide  when  authorized, 45 

Pupils  : 

Age  of  those  entitled  to  attend  common  schools, 42 

Indian  and  non-resident, 42 


96  INDEX. 

Page. 

Rate  Bills 45,  46 

Removal  of  School  Officers  : 

By  superintendent 7 

Of  officers  of  union  free  school  districts, 72 

Repairs  : 

May  be  ordered  by  commissioners, 11 

What  may  be  made  by  trustee  without  vote  of  inhabitants, 46 

Reports  : 

By  state  superintendent, 6 

By  school  commissioners, 12 

By  trustees,  to  district  meeting 47 

By  trustees  to  school  commissioner, 48-50 

False,  penalty  for, 50 

By  collector, 57 

By  board  of  education  of  union  free  school  districts, 72 

School  Commissioners  : 

General  powers  and  duties, 8-12 

To  apportion  state  school  moneys, 20-24 

To  certify  to  state  superintendent  and  to  supervisors, 22 

Duties  in  regard  to  the  formation,  alteration  and  dissolution  of  school  dis- 
tricts,    28-31 

To  appoint  time  for  holding  first  meeting  in  new  district, 31 

When  authorized  to  call  special  district  meetings, 32 

Cannot  be  trustees  of  school  districts, 38 

School  Houses  and  Sites  : 

General  provisions  regarding, 36 

Sale  of, 37 

Trustees  may  insure  when  authorized, 44 

May  be  used  for  certain  purposes, 46 

School  house  site  bill, 82 

Schools,  Common: 

Free  to  all  persons  between  the  ages  of  five  and  twenty-one  years, 42 

Colored, 73 

State  tax  for  support  of, 12 

School  Year,  what  constitutes, 15 

State  Certificates, 6 

State  School  Moneys  :  r 

What  shall  constitute, 14 

Apportionment  of,  by  state  superintendent, 14-18 

When  payable, 17 


INDEX.  97 

State  School  Moneys  —  continued :  Page. 

Apportionment  of,  by  school  commissioners, 20-23 

Disbursement  of,  by  supervisors, 24 

Trustees  to  draw  on  supervisors  for, 45 

Library  moneys, 58 

State  Superintendent: 

Election  and  general  powers  of, 3-7 

Shall  prescribe  rules  for  libraries, 61 

Powers  and  duties  in  relation  to  appeals, 76 

Supervisors  : 

Powers  and  duties  in  relation  to  state  school  moneys, 24-26 

Must  sue  for  all  penalties,  when  the  duty  i3  not  otherwise  imposed, 26 

Duties  in  relation  to  property  of  dissolved  school  districts 30 

Cannot  be  trustees, 38 

May  accept  resignation  of  district  officers, 40 

May  appoint  trustees  in  certain  cases, 39 

Tax: 

For  support  of  common  schools 12 

For  fuel,  appendages,  repairs,  libraries,  deficiencies,  contingencies,  school 

house  and  site,  and  to  replace  moneys.lost  or  embezzled, 35,  36 

For  uncollectible  portion  of  rate  bill, 46 

Any  legal  sum  may  be  raised  by, 46 

How  assessed  and  made  out, 50-58 

In  joint  districts, 52 

When  tenants  are  liable  for, 52,  53 

What  persons  exempt  from  tax  to  build  school  house, 53 

On  non-resident  lands, 53 

Payment  of,  may  be  made  before  levy, 55 

Collection  of, 55-57 

For  libraries, 58 

Tax  List,  trustee  to  make  out, 44 

Teachers : 

Who  are  qualified, 42 

Unqualified,  cannot  receive  public  money, 42 

Shall  keep  lists  of  attendance, 43 

Must  be  employed  by  trustee, 44 

Must  verify  record, 47 

May  be  required  to  assist  in  examination  of  library, 61 

Teachers'  Institutes, 74  to  76 

Tenant,  when  liable  for  tax 52,  53 

Town  Clerk,  duties  of, 26,  28 

13 


98  INDEX. 

Treasurer  :  paob. 

County,  shall  pay  to  collector  a  sum  equal  to  taxes  returned  as  unpaid, ...         64 
Of  union  free  school  districts  to  have  custody  of  moneys, 71 

Trustees: 

Who  may  not  hold  the  office, 38 

District  to  elect  one  or  three, 39 

Vacancies  in  office  of,  how  filled, 39 

Yacate  office,  how, 40 

May  fill  vacancies  in  certain  district  offices, 40 

May  admit  non-resident  pupils, 42 

Prohibited  from  employing  unqualified  teachers, 42 

General  powers  and  duties  of, 43-58 

To  have  custody  of  library, 59 

Liability  for  books  lost  or  injured, 59 

Trusts  for  benefit  op  Common  Schools, 11 

Union  Free  School  Districts  : 

Formation  of, 62-G5 

Election  of  trustees, 64,  65 

Treasurer  and  collector  of, 65,  66 

Corporate  authorities  to  levy  tax  for, 66 

Powers  of  meetings  in, 67 

No  rate  bills  in, , 67 

Board  of  education,  powers  of, 67-73 

Manner  of  levying  taxes  in, 69,  70 

Treasurers  to  have  custody  of  moneys, 71 

Payment  and  disbursement  of  moneys  in, 71 

Academical  department, 71,  72 

Reports  from, 72 

Removal  of  officers  of, 72 

Valuation  of  Property: 

How  ascertained, • 51 

Reduction  in, 52 

Voters  : 

Qualifications  of, 34 

Challenge  of, 34 

Illegal  voting,  penalty  for, 34 

Warrant: 

For  collection  of  rate  bills, 44,  45 

For  collection  of  tax, 55 

May  be  executed  where, 56 

May  be  renewed, } 57 

Form  of, 91 


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